Property Division in a Divorce

What Will Happen to My Property?

One of the most difficult matters to resolve in a divorce is property division. Both parties think they have the right to certain assets or property that they have been sharing for many years—making it challenging to determine what really belongs to who. You need an experienced Mesa divorce attorney to help you navigate property division matters.

The legal team at Liszewski Law Group, PLLC has more than 20 years of collective legal experience and can provide the counsel you need during this time. We understand how important it is to protect your property and hard earned assets, which is why our Mesa family lawyers gather all the necessary evidence and documents to ensure your division matters are resolved favorably.

Get in touch with our team today to discuss your options in an initial case review!

How Does Arizona View Marital Property?

In Arizona, there is both community and separate property. The state requires there to be an equitable division of a couple’s property. This often means that community property, or martial property, is split 50 / 50 between a couple, depending on the circumstances. Separate property is not subject to an equitable division, making it crucial you prove this property is truly yours prior to or outside of your marriage.

Examples of separate property include:

  • Assets owned prior to marriage
  • Gifts received during marriage
  • Inheritance received prior to or during marriage

Even if you obtained the property on your own during marriage, it is still subject to martial property rules. While there are always exceptions to the rules, any debts accumulated during marriage are considered community property, as well, and will be split equally between a couple.

Can We Decide Who Will Get What?

If you and your spouse are willing to amicably sit down and distribute property between yourselves in anuncontested divorce, you can pursue this option. The more you are able to decide and negotiate together, the less money you will both lose fighting over the same property in court. You will be allowed to designate who will get what assets, including community property and separate property, if you choose.

Contact our firm if you are concerned about property division in a divorce or would like to discuss your case with a Mesa divorce lawyer.

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