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Property Settlement Agreement

September 20, 2022 Cindy Best

A property settlement agreement is the written contract dividing assets and debts in an Arizona divorce or legal separation. It may be a standalone document or incorporated directly into the consent decree. Either way it becomes a binding court order when the judge signs the decree.

A complete property settlement agreement addresses every asset and every debt. The family home with sale or refinancing provisions and specific deadlines. All bank and investment accounts with specific transfer instructions. Retirement accounts with QDRO provisions. Vehicles with title transfers and loan responsibility. Business interests with valuation and buyout terms. Personal property allocation. All debts with specific assignments and refinancing deadlines. Spousal maintenance terms. Tax provisions for the transition year and beyond. Indemnification language so that if one party fails to pay a joint debt the other can recover from them.

Nothing vague. Every dollar amount, every account number, every transfer deadline, every refinancing obligation stated specifically. A property settlement agreement that leaves anything to interpretation will produce a dispute about interpretation. This is not a required document if everything can be handled and outlined in the decree.

 

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