Division of Property and Debts

Division of Property and Debts

Arizona is a Community Property state, which means that all property acquired during the marriage, inside or outside of Arizona is community property. Community Property is generally divided equally, which is most often construed to mean equally. Generally, property that was owned by either Husband or Wife prior to marriage is that party’s sole and separate property, with certain exceptions. Additionally, property acquired by gift or inheritance during the marriage is generally seen as that parties’ sole and separate property. There are exceptions to these general rules and there are actions that a party can take during the marriage which will change the sole and separate property into community property. You should seek legal advice from an attorney regarding your specific situation.

Just as all Community Property is divided equitably (equally), all debts and obligations incurred by either Husband or Wife during the marriage is community debt. Arizona divides the community debt equitably (equally). There are a few exceptions to this general rule.

Udall Shumway PLC has family law attorneys of all levels available to help people with their particular needs as it relates to the division of property and debts. We have attorneys who deal with couples who have millions of dollars in assets and debts. We have attorneys who can help people who may not have as many assets and debts, but who need the help in protecting their rights.