Community Property

Arizona is a community property state. Community property is anything acquired by the parties during the marriage, except by gift, devise or inheritance to one of the parties alone. If an asset was acquired or accrued during the marriage, the fact that it is titled in one party’s name is not particularly important — its still a community asset owned by both parties. The parties to a marriage may change the nature of an asset, for example via a written agreement, and a court may uphold that agreement. A common example of this occurs when one spouse signs a Quit-Claim Deed to a community home to the other party, often making the home the sole and separate property of the other spouse.

Arizona courts must equitably divide community property in the event of a divorce. Although equitably often means equally, i.e. 50-50, the court can decide that some other proportion is fair in a given circumstance.

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