How is Property Divided?
In Arizona, community property is divided equitably. Note that “equitably” does not necessarily mean “equally.” Rather, property is divided in a manner that the Judge decides is fair. There are no statutory factors which the Judge is required to consider in dividing property, so the judge retains a high level of discretion and flexibility. What is considered “equitable” is typically very fact specific, and each case is unique – however, common factors to be considered include the length of marriage, each spouse’s respective contributions to the marriage, and the source of funds used to purchase the property in question. Division of property can be either done by the judge or agreed upon mutually by the parties. However, reaching the division of property you desire can be a complex and delicate process. Consulting an attorney who is well-versed and knowledgeable about Arizona community property law is advisable.