Can you Sell Community Property During a Divorce in Arizona?
Some people may be unaware that, as a general rule, you may not sell community property while the divorce is pending. A Preliminary Injunction is issued when the initial divorce papers are filed with the clerk of the court. That Preliminary Injunction is immediately enforceable against the person filing the divorce papers, but only becomes enforceable on the other party when he or she is served with those divorce papers.
That Preliminary Injunction precludes either party from selling community assets. There are many exceptions to this rule including, but limited to, the sale of community property for the sole purpose of paying attorney fees.
The Arizona Court of Appeals in the Saxon v. Riddel case held the Preliminary Injunction precludes either party from selling the marital residence before the final Decree of Dissolution of Marriage is filed with the Court. That case, however, contained an exception allowing the home to be sold during the divorce if the home is in danger of foreclosure.
Contact Our Scottsdale Arizona Community Property Attorneys
Call us at (480) 305-8300 to schedule a consultation with one of our Scottsdale Arizona Community Property Attorneys regarding Arizona community property laws or any other Arizona family law matter.