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