How Will Property Be Divided In Your Arizona Divorce?
At the heart of every divorce is this fact: When your divorce is over, property that once belonged to both of you will now belong to one or the other. As you proceed with the legal breakup of your marriage, you need to understand what property division is about and decide which assets are the most important to protect.
Mathers Law Offices, LLC, in Scottsdale, is here to inform and guide you as you engage in divorce settlement negotiations. Divorce attorney Chris Mathers has years of experience in family law and other relevant areas of the law. His knowledge and attentiveness can make the difficult process of dividing property in divorce less stressful.
Stay Focused On Your Goals
When you work with Chris as your divorce lawyer, he will keep your best interests in mind at all times. He will discourage you from squandering time, legal fees and peace of mind fighting over less important assets.
We will help you stay focused on practical solutions leading to an efficient, cost-effective and secure fresh start.
About Community Property Vs. Separate Property
In Arizona, a community property state, all assets that you acquired during the marriage are marital property that is subject to a 50-50 split, except:
- Gifts or inheritances that either of you have received
- Separate property that each of you owned before marriage
- Property that you assigned a different way in a properly executed premarital agreement
Each of these categories of exceptions may present problems in a divorce. For example:
- You may have commingled gifts, inheritances and separate property with marital property.
- Property that either of you owned before marriage (such as a house) may have been improved upon during your marriage using community property resources.
- Your prenuptial agreement may be contestable if it was flawed.
Are Creative Solutions The Answer?
With awareness of the presumed 50-50 split, it can be important to keep an open mind. You might decide to give up your share of certain assets (such as retirement funds) in exchange for full ownership of the marital home, for example. A negotiated settlement can prove to be a win-win and keep assets in the family, whether your divorce involves high-dollar assets or more typical ones.
Discuss your concerns with an Arizona family law attorney and explore your options in a frank discussion about your challenges and priorities. Call 480-877-1266 or send a message through this website to schedule a consultation.