Property Division FAQs

The stocks you had prior to marriage are your sole and separate property. The stocks that you purchased with community funds are community property.

If you can trace the original amount, it will most likely still be considered your sole and separate property. If it is commingled beyond recognition, you will most likely have to split it.

No, a personal injury settlement for pain and suffering is your sole and separate property.

No, because although the temporary injunction is not in place, you are intending to file and it is not fair to take all the money. You may take half of the money and this should not cause any problems in case you have to explain this to a judge.

Yes, Arizona Revised Statute §25-318 states that a creditor can collect a marital debt from either spouse regardless of which spouse is ordered to pay the debt by the Court. The innocent spouse then has the right to recover from the obligated spouse, unless he or she files bankruptcy. If a party fails to comply with an order to pay debts, the Court may enter orders transferring the property of that spouse to compensate the other party.

This might be considered gifted to him and commingled with community funds. If you can trace the amount, you can have it returned to you. A fair way to handle this is to allow you to get your lump sum deposit back. If there is an issue of commingling, such as you putting other community money into the account, it is discretionary with the judge. Let’s assume that you inherited $100,000 and put it in an account and never did anything else with that account. You should be able to consider it sole and separate and it should be awarded to you.

Usually whoever gets the vehicle gets the debt. Remember, the lender will not honor your decree; your spouse can ruin your credit if he/she does not pay. There can still be an equitable set-off.

If you both use it and bought it with community funds, it needs to be divided along with other property.

Usually jewelry given, gifted to you, your sports equipment, your personal electronics, clothing, and whatever you owned prior to marriage. Also, anything you owned prior to marriage and anything you inherited is your sole and separate property.