If you’re considering divorce in Arizona, one of the first and most important legal questions you’ll face is: How will our property be divided?
Because Arizona is a community property state, the answer is more straightforward than in many other states but that doesn’t mean it’s simple. At The Shaw Law Group, we’re here to help you understand your rights and prepare for what comes next.
What Is Community Property in Arizona?
In Arizona, community property refers to almost anything acquired by either spouse during the marriage. This includes:
- Income earned by either partner
- Real estate purchased during the marriage
- Retirement accounts and pensions
- Vehicles, household goods, and other assets
- Joint debts like credit cards or loans
Unless an asset qualifies as separate property (more on that below), it’s presumed to be jointly owned and subject to division in the divorce process.
What Counts as Separate Property?
Separate property is generally not divided during divorce and includes:
- Assets or property owned before the marriage
- Inheritances or gifts received by one spouse
- Items protected by a valid prenuptial agreement
Important Note: If you mix (or “commingle”) separate and community property, like depositing inherited funds into a joint account, that property may lose its separate status. An experienced attorney can help trace assets and protect what’s rightfully yours.
Does Community Property Always Mean a 50/50 Split?
Not necessarily.
While Arizona law favors equal division, the court aims for a fair distribution which might not mean literally splitting everything down the middle. For example:
- One spouse may keep the family home
- The other might receive a larger portion of retirement funds to balance things out
The same approach applies to debt. If one spouse incurred significant debt for personal benefit (e.g., luxury items or expenses related to an affair), the court may assign that debt solely to them.
What If You Suspect Your Spouse Is Hiding Assets?
Unfortunately, financial dishonesty is not uncommon during divorce. If you think your spouse is concealing money, property, or accounts, don’t wait.
There are legal tools and strategies, such as discovery requests, subpoenas, and forensic accounting, that can help uncover hidden assets. Courts take these matters seriously, and failing to disclose property can result in penalties.
How to Prepare for Property Division During Divorce
Whether you’re just beginning the process or actively preparing for court, organization is key. Start collecting:
- Bank statements and tax returns
- Credit card balances and loan documents
- Retirement and investment account info
- Property deeds and vehicle titles
The more you know about your finances, the better your attorney can protect your interests.
Why Legal Guidance Matters in Arizona Divorce Cases
Property division can have long-term consequences for your financial well-being. At The Shaw Law Group, we bring over a decade of family law experience to each case. We help clients navigate Arizona’s community property laws with clarity, confidence, and strategy.
We don’t just help divide assets, we help protect what matters most.
Want to learn more about divorce, legal separation, or custody laws in Arizona? Visit our YouTube channel for quick legal explainers and explore free resources and tools at bryanshawlaw.com.
And if you’re ready to get personalized legal advice, contact us today to schedule a consultation.
