Understanding Arizona Property Division in Divorce: What You Need to Know.

Original Article at: https://azcriminalandfamilylaw.com/family-law/property-division-in-divorce/

Introduction

Divorce is a difficult process that affects the entire family. One of the key components of a divorce is the division of property. In Arizona, the division of property is done according to the community property laws. This article will provide an overview of Arizona’s property division laws in the context of divorce.

What is Community Property?

In Arizona, all property acquired during a marriage is considered to be community property. This includes any income earned during the marriage, any property acquired with that income, and any gifts or inheritances received during the marriage. All of this property is subject to division during the divorce process.

How is Property Divided?

Arizona follows an equitable division approach when it comes to dividing property in a divorce. This means that the court will divide the property in a fair and equitable way. This does not necessarily mean an equal division, but rather a division that is fair and equitable. The court will take into consideration various factors including the length of the marriage, the age and health of both parties, the earning potential of each party, and the contributions of each party to the marriage.

What Property is Excluded?

Some property is excluded from the division of property in a divorce. This includes any property that was owned by one of the parties prior to the marriage, any gifts or inheritances that were received by one of the parties prior to the marriage, and any property that was acquired after the filing of the divorce.

What if the Parties Cannot Agree?

If the parties cannot agree on the division of property, the court will make the decision for them. The court will consider the factors outlined above and make a decision that is in the best interests of both parties. The court may also order a third party, such as an accountant or appraiser, to evaluate the property and make a recommendation to the court.

Conclusion

Divorce is a difficult process that affects the entire family. In Arizona, the division of property is governed by the community property laws. This article has provided an overview of Arizona’s property division laws in the context of divorce.

References

Arizona Revised Statutes, Title 25, Section 25-318. https://ift.tt/oUHuwvE Arizona Department of Economic Security, Division of Child Support Services. https://ift.tt/FU8h7i2

Additional References: https://azcriminalandfamilylaw.com/family-law/property-division-in-divorce/