How is property divided during a divorce in Arizona?
Lowen Jones
Arizona managing attorney at Marble Law
Key Takeaways
- Community Property: Arizona is a community property state, meaning most property acquired during the marriage is jointly owned by both spouses.
- Separate Property: Property acquired before the marriage or by gift/inheritance is generally separate property and not subject to division.
- Equitable Division: The court will divide community property fairly, considering factors like the length of the marriage and contributions of each spouse.
- Debt Division: Debts incurred during the marriage are typically divided equitably, though exceptions may apply for certain types of debt.
Property division during a divorce can be one of the most complex and contentious aspects of the process. In Arizona, property division is governed by the concept of community property, which means that most assets and debts acquired during the marriage are considered jointly owned by both spouses. This article will provide an overview of how property is divided during a divorce in Arizona, according to the relevant statutes.
Community Property: A.R.S. § 25-211
Arizona is one of the few states that follow community property laws. Under A.R.S. § 25-211, all property acquired by either spouse during the marriage is generally considered community property. This includes income, real estate, vehicles, and even debts. The key principle of community property is that both spouses have an equal ownership interest in any property or debt acquired during the marriage, regardless of who earned the income or whose name is on the title.
For example, if one spouse purchased a car during the marriage, that car is typically considered community property, even if only one spouse’s name is on the title.
Separate Property: A.R.S. § 25-213
Not all property is subject to division during a divorce. A.R.S. § 25-213 defines separate property as any property acquired by either spouse before the marriage or by gift or inheritance during the marriage. Separate property remains the sole property of the spouse who acquired it and is not subject to division in the divorce.
For example, if one spouse inherited a piece of land during the marriage, that land would generally be considered separate property and would not be divided during the divorce, unless it was commingled with community property.
Get the right lawyer for your divorce
Schedule a free 15-min call with our team today
Equitable Division: A.R.S. § 25-318
While community property is generally divided equally, the court may order an equitable division of property under A.R.S. § 25-318. “Equitable” does not necessarily mean equal; it means fair. The court will consider various factors in determining what constitutes a fair division, such as the length of the marriage, each spouse’s contributions to the community property, and the needs of each spouse.
For instance, if one spouse sacrificed their career to support the other’s education or career, the court may award that spouse a larger portion of the community property to compensate for that sacrifice.
Debt Division
Just as assets are divided, so too are debts. Debts incurred during the marriage are generally considered community debts and will be divided equitably. This includes mortgages, car loans, and credit card debt. However, debts incurred for purposes that do not benefit the community, such as gambling debts, may be assigned to the spouse who incurred them.
Finalization Through Settlement or Court Order
Property division can be finalized through a settlement agreement between the spouses or by a court order if the parties cannot agree. Settlement agreements allow for more flexibility and control over how property is divided. However, if the parties cannot reach an agreement, the court will make the final decision based on the principles of community property and equitable distribution.
Summary
In Arizona, property division during a divorce is based on the principles of community property and equitable distribution, as outlined in A.R.S. §§ 25-211, 25-213, and 25-318. Community property is divided fairly, though not always equally, while separate property remains with the spouse who owns it. Debts are also divided according to these principles. Given the complexities of property division, it is advisable to consult with an attorney to ensure your rights and interests are protected. This article is not legal advice, and seeking legal assistance is recommended to navigate your unique circumstances.
Quality legal care for life’s ups and downs
Our services
Client support
