Property Division

Property division is the process of dividing property rights and obligations between spouses during a divorce. Arizona is a community property state.

Assets acquired by spouses during a marriage, except those acquired by gift or inheritance, are designated as community property.

In a divorce, the community property is divided equitably between the spouses, which in most situations means equally. Property division may be agreed upon between the spouses resulting in a property settlement agreement, or property may be divided in court by a judge during a divorce trial. Although in most circumstances community property is divided equally, Arizona courts have the authority to consider excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community property by a spouse and to award a greater than 50% share of the remaining community property to the other spouse to compensate him/her for such economic misconduct. Such cases are very complex and can greatly benefit from the involvement of competent, experienced legal counsel.