Does the court divide separate property differently than community property?
The court is required to award a spouse 100% of all property the court determines to be that spouse’s sole and separate property. The court is also prohibited from granting a spouse possession, use, or control of the other spouse’s sole and separate property.
Unlike sole and separate property, the court is required to equitably divide all property the court determines to be community property. The court typically equitably 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 extremely important.
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.