Is Arizona a Community Property State
Arizona is a Community Property State
We sometimes have clients ask is Arizona a community property state. The short answer to that question is, yes, Arizona is a community property state. However, what constitutes community property requires a deeper discussion about Arizona’s community property laws, as well as a discussion of other forms of marital property in Arizona including joint property, common property, and quasi-community property.
Community Property in Arizona
Community property in Arizona generally refers to any property acquired by either spouse except property acquired by gift, inheritance, or derived from the separate property of either spouse. Each party is deemed to have an equal undivided one-half interest in all community property accumulated during a marriage.
Joint Property in Arizona
Joint property in Arizona is property acquired by a married couple that is specifically titled as joint property. Joint property, such as a house, may have a deed listing the spouses as holding the property as joint tenants with the right of survivorship.
Owning property jointly with the right of survivorship means 100% of the ownership of that property will automatically go to a surviving spouse if one of the spouses were to pass away. That automatic transfer of 100% ownership of the property does not occur to a spouse’s interest in community property.
So, even though joint property is also deemed to be community property in Arizona, joint property is treated much differently if one of the spouses were to pass away. This distinction also impacts any estate plan either or both spouses may create.
Quasi Community Property
One question that comes up is whether property located in a non-community property state will be considered to be community property in the event of a divorce in Arizona. Arizona law indicates that any property located in another state will be considered to be quasi-community property as if the property was located in Arizona. So, property located in another state will be treated as community property in an Arizona divorce regardless of the laws of the state in which the property is located.
If you need information about if Arizona is a community property state, 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.
Arizona Family Law Attorneys in Scottsdale and Tucson Arizona
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Chris Hildebrand wrote the information on this page about is Arizona a community property state 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.