What is the Difference Between Community and Separate Property in Arizona?

Arizona community property laws generally provide that property acquired by either spouse during marriage is community property. Those same community property laws also provide that property acquired by either spouse prior to marriage or that was received as a gift or inheritance by a spouse during the marriage remains the separate property of that spouse.

However, a spouse may waive a community ownership interest in a home or other parcel of real property by signing a Disclaimer Deed at the time the property is acquired.

In some cases, the community can obtain a community lien against the other spouse’s sole and separate property. To learn more about how community liens are created against sole and separate property, you may read our article on the Arizona Court of Appeals Decision in the case of Rowe v. Rowe or watch the video below regarding that case to learn more about community liens in Arizona.

Rowe v Rowe | Community Lien Claims in Arizona


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.