What is Community Property in Arizona?
Arizona community property laws include a presumption that all property acquired by either party is owned by the parties as community property, regardless of how title to that property is held. The burden of proving that an item of property is the separate property of a spouse rests upon the spouse making that separate property claim. There is also a presumption that all property owned by either spouse prior to marriage is the separate property of the spouse who acquired that property.
Community property is distinguished from joint property. Joint property is a form of designation of ownership on the title to the property, such as land. The laws applying to joint property may result in a different outcome than if the property was community property.
For example, a spouse using his or her money to repair or maintain jointly held property may be reimbursable to the spouse using his or her own separate funds. There are exceptions to that rule. The Arizona Supreme Court issued a ruling in the case of Valladee v. Valladee addressing the issues pertaining to jointly held properties in an Arizona divorce.
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.
Chris Hildebrand wrote this article about community property 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.