Is Separate Property Divided Differently than Community Property in Arizona

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Assigning Separate Property and Dividing Community Property in Arizona

Some people have asked is separate property divided differently than community property in Arizona. The short answer is, yes, separate property is treated differently than the division of community property. A court will assign to each spouse their separate property but will divide the parties’ community property in Arizona.

How Separate Property is Divided in an Arizona Divorce

All property owned by either spouse prior to marriage and all property acquired by either spouse by a gift or inheritance is the separate property of the spouse acquiring the separate property. It is important to know that the spouse who claims a piece of property is his or her sole and separate property has the burden of proving that property is his or her separate property by clear and convincing evidence.

A spouse can prove the property is sole and separate property by presenting written documentation, such as titles to homes, land, and cars, or account statements from the date of marriage to the date of the divorce to prove the property was owned prior to marriage.

Once a spouse proves his or her separate property, the court is required to award a spouse 100% of all assets the court determines to be that spouse’s sole and separate property. The court is also prohibited from granting the other spouse possession, use, or control of the other spouse’s sole and separate property.

How Community Property is Divided in an Arizona Divorce

Unlike sole and separate property, the court is required to equitably divide all assets the court determines to be community property.

The court typically fairly divides the community property by equally dividing that property; albeit, the court may grant an unequal division of the community property if the judge believes it is fair to do so.

The distinction, therefore, between separate property and community property is critical in dividing property in a divorce in Arizona.

Arizona Community Property Attorneys

If you need information about does the court divide separate property differently than community property in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona community property attorneys have over 100 years of combined experience successfully representing clients in divorce cases in Arizona.

Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.

Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your Arizona community property case around today.

Does the court divide separate property differently than community property in Arizona?

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