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I had stocks before marriage, but bought more stock after marriage. Who gets the stocks?
The stocks you had prior to marriage are your sole and separate property. The stocks that you purchased with community funds are community property.
I won a settlement for a car accident and put it in an account with both our names on it. Do I have to split it?
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.
I won an award for a car accident and put it in an account in my name alone. Do I have to split it during the divorce?
No, a personal injury settlement for pain and suffering is your sole and separate property.
I am getting ready to file for divorce. Can I take all the money out of our joint savings account?
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.
What if my spouse does not pay the community debts as ordered in the final decree? Can our creditors force me to pay?
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.
I inherited money when my mom died six years ago and put my husband’s name on the account. Is this money community or my sole and separate money?
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.
Who gets the vehicles during a divorce if both vehicles have debt and no equity in our?
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.
Who gets our digital camera in our divorce?
If you both use it and bought it with community funds, it needs to be divided along with other property.
What is considered my sole and separate personal 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.
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