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.
Chris Hildebrand wrote this article about the division of separate property in Arizona to ensure everyone has access to information about divorce 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.