Determining Community Property Versus Sole and Separate Property in an Arizona Divorce
The process of getting a divorce involves the division of assets and earnings between the married couple.
Property settlements are just one issue that has to be resolved in the divorce process.
In Arizona, the property is categorized as either separate or community property and it will be divided accordingly.
If the property is deemed as separate, the owner will keep that property after the marriage, and it will not be split.
Dividing community property, however, is when property settlements can become time-consuming and complicated.
Both spouses equally own this category of assets, so in a divorce, it has to be divided as such.
Determining Community v Sole and Separation Property in AZ | Add It All Up
The property owned by a couple is broken down into categories using these guidelines:
- Gifts and inheritance
- Portions of Awards from personal injury cases
- Separately owned property purchased outside of joint funds even if bought during the marriage
- A personal business owned before the marriage (if the business gains value during the marriage the increases in earnings can be considered community property)
- Property such as land or vehicles owned before marriage
- All property accumulated during the marriage
- All wages earned throughout the marriage
- Any debts incurred in the marriage
- Benefits, retirement plans, or pensions that accrue interest during the marriage
- Stock options
A mixture of Community and Separate Property
A spouse may have separate funds due to selling property owned before the marriage but may buy a new property with a combination of those separate funds and community resources.
To be partly separate property, proof must be shown that separate funds were used when buying the property.
The division of community property can prove to be complicated and overwhelming.
In Arizona, there are many options that the court can take when it comes to property settlements.
The first step is coming up with a net value of the total assets owned together.
After the value is determined, there are several various distribution paths. Some of the standard options include:
- Cash out distributions
- Deferred division distribution
- Reserved jurisdiction distribution
- “In-kind” distribution
- Sale and division distribution
Other Articles About Community Property in Arizona
- Community Lien on Sole and Separate Property in Arizona
- Community Liens Separate Property in Arizona
- Community Property and Personal Guaranty in Arizona
- The difference Between Community and Separate Property in Arizona
- Disclaimer Deed in a Divorce in Arizona
- Divide Retirement Accounts in an Arizona Divorce
- Dividing Property Not Included in Divorce Decree in Arizona
- Division of Debt in an Arizona Divorce
- Do Rules Regarding Property Apply to Debts in an Arizona Divorce
- Enforce Division of Property and Debt in an Arizona Divorce
- Enforcing a Property Settlement Agreement in Arizona
- Filing a Lis Pendens in a Divorce in Arizona
- How is Property Divided in a Divorce in Arizona
- How to Divide Property in Arizona When a Spouse is Hiding Assets
- Is All Property Community Property in Arizona
- Is Arizona a 50 50 State in a Divorce
- Is Separate Property Divided in Arizona Divorce
- Marital Property Laws in Arizona
- Military Retirement Pay and Divorce in Arizona
- Pensions and Divorce in Arizona
- Separate Property Used to Purchase a Home During Marriage in Arizona
- Sole and Separate Property Divorce Arizona
- Is a Spouse Liable for Credit Card Debt in Arizona
- Stock Options Divided in an Arizona Divorce Case
- Stock Options in an Arizona Divorce
- Unequal Division of Property in Arizona Divorce
- Unfair Separation Agreement in Arizona
- Valuation and Distribution Options For Pensions in an Arizona Divorce
- What is Community Property in Arizona
- What is Separate Property in Arizona
Chris Hildebrand wrote the information on this page about determining community versus sole property in Arizona to ensure everyone has access to information about community property laws in Arizona. Chris is a family law 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.