Difference Between Marital and Separate Property in Arizona Divorce

As a Phoenix family law attorney, I get a lot of questions from clients about how property division in Arizona divorce is handled. Arizona is a community property state when it comes to divorce, meaning that your and your spouse’s property will be divided into two categories: marital, or “community,” property and separate property. Marital property will be divided equitably between you and your spouse, and separate property will generally be excluded from this division unless you have a different agreement in place. So how is marital and separate property determined?

Community Property in Arizona

“Community property” includes both assets and debts that you and your spouse acquired over the course of your marriage. This might include both of your incomes, bank accounts, credit card debts, and family vehicles.

Separate Property in Arizona

Separate property will consist of property you owned before the marriage and kept separate throughout the marriage, and any inheritances or gifts that were received by one spouse. Determining separate property can sometimes be tricky because those assets may be considered commingled if shared or contributed to by your spouse over time.

If you need help separating assets in an Arizona divorce, seek the advice of a professional. Contact an experienced Phoenix divorce lawyer with Curry, Pearson & Wooten today at 1-888-929-5292. We’d be happy to meet with you in a completely free, no-pressure consultation to discuss your divorce concerns.

For more information about divorce, child custody, adoption, and more, please also request your FREE copy of our helpful book Arizona Family Law – How to Handle Tough Issues in Tough Times.