Scottsdale Property Division Lawyers Negotiate Fair Agreements
Helping you keep your share of the assets after your divorce
Arizona law requires that property acquired during a marriage be divided equitably at the time of the divorce. Some property, including assets that a spouse owned prior to the marriage, is generally considered that spouse’s sole and separate property. However, the burden is on that spouse to show that it is their sole and separate property and not subject to an equitable division. At Clark & Schloss Family Law, P.C., our attorneys have experience in crafting property division agreements. We know how to help you separate your sole and separate assets from the marital assets that are subject to equitable division.
Issues to consider during property division
Arizona is a community property state. Under Section 25-211 of the Arizona Revised Statutes, assets acquired during the marriage belong to both parties and must be divided equitably. The problem of dividing an inherently indivisible asset, such as a house, may be difficult to solve depending on whether the asset has value or is upside down and can be dependent on other assets of the community.
The following are some common issues related to property division during a divorce in Arizona:
- Community debt. Just as with assets, any debt accrued during the marriage is also considered community property in Arizona. The division of debt may not always be in kind, but may be offset depending on numerous factors.
- Waste. Arizona is a no-fault state, and the reason for the divorce isn’t supposed to affect how the marital assets are divided. However, if the court finds that one spouse wasted the family’s money on something that did not benefit the marriage, such as gambling or buying gifts for a paramour, the other spouse won’t be responsible for that debt. The spouse that wasted community assets may be subject to the other spouse for the waste either through an award of other assets and/or a judgment.
When it comes to property division, experience matters
Without the help of a knowledgeable property division attorney, you may be forced to give up assets that are rightfully yours. We help you determine what is and is not community property.
Your spouse may attempt to hide assets to keep them out of the property division process. We work to locate these assets by closely reviewing bank statements, paychecks and tax returns.
Schedule a consultation with a Scottsdale property division lawyer
To learn more about the division of marital property, speak with our divorce & family law attorneys at Clark & Schloss Family Law, P.C. Call us at 602-789-3497 or contact us online to arrange your free initial consultation. Our office is conveniently located near Highway 101 in Scottsdale, offering ample parking.