What is the Difference Between Community and Separate Property in Arizona?
Arizona community property laws provide that property acquired by either spouse during marriage is community property. Those same community property laws also provide that property purchased by either spouse before 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 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.
Chris Hildebrand wrote this article about the difference between community and separate property in Arizona to ensure everyone has access to information about community property 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.