Arizona Community Property Law

Arizona is a community property state. That means that in the event of a divorce a court in Arizona will apply community property laws when dividing assets and debts between the parties.

Phoenix Community Property Lawyer

At the Daly Law Firm, we help educate our clients on all aspects of Arizona community property law when going through a divorce. We understand that understanding community property law can be difficult and complex. We strive to provide straight forward explanations to our client’s questions without using confusion and unnecessary lawyer talk. Contact us today at (480) 607-8308 for a free consultation.

Overview of Arizona Community Property Law

Arizona is one of nine community property states in the United States. Other community property states include California, Washington, Nevada, New Mexico, Idaho, Louisiana, Idaho, Texas and Wisconsin Community property is simply a system to determine the ownership of property in a marriage.

What is considered Community Property in Arizona?

Community property is property in a marriage that is owned by both Husband and Wife regardless of which party purchased the property. All property that is acquired during a marriage is considered community property except for the following:

• Property acquired by gift
• Property acquired by devise (Property that is inherited by will)
• Property acquired by descent (Property that is inherited other than by will)

Property that is acquired by gift, devise or descent is considered separate property. Generally, all other assets you and your spouse acquire during marriage including real estate, furniture, cars, bank accounts, stocks, and investment accounts are considered community property and owned by both spouses.

In Arizona there is a presumption that all property acquired during the marriage is community property. This presumption can be rebutted if one spouse can present evidence to show that a particular asset is the separate property of that spouse.

What is Separate Property under Arizona Law?

Separate property is property that is only owned by one spouse. Separate property is considered property that was either owned prior to marriage or acquired during the marriage by gift, devise or decent.

Daly Law Firm | Scottsdale Community Property Lawyer

If you have questions about community property in Arizona, set an appointment with an experienced Family Law Lawyer at the Daly Law Firm to discuss your options. Arizona courts look at specific facts when determining what is community and separate property in a divorce.

You need an experienced lawyer to frame your situation in the best light to make sure you can either get spousal maintenance or have spousal maintenance reduced. Don’t hesitate to call me at (480) 607-8308 for a free consultation regarding your community property case. I currently represent clients in the Phoenix, Scottsdale and Maricopa County area.