Property Issues
Characterization of Property The first thing to decide is the character of the property. If it is community, it can be split 50-50. If it is sole and separate, it is yours and does not need to be divided. At the end of the divorce, you will want to divide the community property approximately equally….
Do It Yourself
What exactly does it mean to go through your own divorce without an attorney? It means that you will file your paperwork, understand the rules and follow the law; just as if you were an attorney. That may sound a bit daunting at first, but not if you follow these step-by-step procedures. If controversy…
Community Property
Once property is considered community property, it must be divided equitably between the spouses. That is why it is important to determine the characterization of the property at the beginning of the divorce. There may be arguments about whether property is community or not, but most property is fairly easy to characterize. Property includes…
How do the vehicles get divided during my divorce?
Usually spouses have driven one vehicle and that is the one they want to keep. There may be an adjustment if one vehicle has a greater value than the other. For instance, if the truck has equity of $10,000 and the SUV has equity of $20,000, one person has $10,000 more value than the other….
What Happens if the House is Community Property? What if it is Sole and Separate?
Option one is one spouse stays in the house and makes all the payments; the parties get the house appraised and decide the value of the house. Then the party who wants to live in the house pays the other spouse half the value of the house. This can be paid with cash in a…
What Property Does Not Get Divided in a Divorce?
According to Arizona Revised Statute section 25-213, “separate property” cannot be divded by the court. Separate property consists of items owned before the marriage or received as an inheritance or gift during the marriage and kept separate during the marriage. It is possible for a person to gift his or her separate property to community…
What is Considered Community Property?
According to Arizona Revised Statute, Section 25-211, generally, anything that a married couple accumulates during the marriage is considered community property, that is, both spouses own an undivided share of the whole. Exceptions to this general principle include those assets acquired prior to the marriage, by gift, devise (a will) or descent (inheritance). Because the…
How Does Arizona Law See Division of Property?
You and your spouse may decide this for yourselves, but it is important to note that Arizona is a community property state. In accordance with Arizona Revised Statute 25-211, community property is all property acquired during the marriage by the efforts of either party through the date of service of the Petition for Dissolution. The…
What Would Happen to Mr. Zuckerberg in Arizona Without A Pre-nup?
What if he had no pre-nup? Does his wife now own part of Facebook? For starters, Arizona is a community property state and that means that all property acquired during marriage is presumed to be “community” property which means it is owned equally. But there is also the concept of sole and separate property which…
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