Arizona Community Property Attorneys
Are you searching for the best Arizona community property attorneys for your Arizona divorce case? Our experienced divorce attorneys have over 100 years of combined experience in handling simple to complex divisions of community property in Arizona divorce cases.
The division of community property can be complicated; particularly if you have commingled separate property with community property, a community lien has been created against separate property, or title in which property is held does not make clear whether you or your spouse intended a piece of property to be owned by the community or as one spouse’s sole and separate property.
Our community property attorneys are well-versed in all of the intricate details of dividing property in a divorce or legal separation case. We have handled cases worth tens of millions of dollars and have successfully litigated complex divorce cases. Whether your case requires either a simple or complex division of property, we will make sure you are treated fairly and your assets are protected.
We have worked with numerous experts, including forensic accountants, asset search investigators, business valuation experts, and appraisers to ensure our clients get their fair share of the community property or to protect your separate property in a divorce or legal separation.
Simple to Complex Community Property Attorneys
Our community property attorneys have worked on simple community property cases to high asset divorce in Arizona worth well over 100 million dollars in community property. It is imperative you have an experienced attorney who understands the appraisal processes pertaining to real estate, commercial property, and businesses.
It is imperative that your attorney knows how assets are valued by experts, as well as having a thorough understanding of certain discounts to a value an asset may or may not be properly applied by an expert when valuing a particular piece of community property.
In Arizona, there is a presumption that everything acquired during a marriage, expect inheritances and gifts, is community property. That presumption may only be overcome by evidence that is clear and convincing to your judge.
Understanding that burden of proof is the first critical step in evaluating your community and separate property rights in Arizona. The judge in your case is also required to effectuate a fair and equitable division of your community property and to award to each spouse his or her sole and separate property.
Simple to Complex Separate Property Attorneys
If sole and separate assets have been mixed with community assets, you will need an attorney experienced with financial experts to determine if those sole and separate funds can be traced and returned to the spouse owning that asset. Problems also occur when one spouse signs a Disclaimer Deed or Quit Claim Deed transferring ownership of a house to the other spouse. The signing of a Disclaimer Deed can mean you waived your community property interest in a community home. You need an attorney who understands the arguments to resolve these disputes.
Once a particular piece of property has been proven to be the sole and separate asset of one of the spouses, you then need an attorney who understands whether a community lien can be asserted against that spouse’s sole and separate property, how to value that community lien and the defenses to the assertion of a community lien against sole and separation property.
Chris Hildebrand wrote this article about community property to ensure everyone has access to information about community property laws in Arizona. Chris is a divorce and community property attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award. He believes the policies and procedures he uses to get his clients through a divorce should all be guided by the principles of honesty, integrity, and actually caring about what his clients are going through in a divorce.
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