What is marital property?
In general, Arizona law holds that marital property should be divided equally between the divorcing spouses. The first question before the court, then, is to determine which assets count as marital property. Arizona's community property laws hold that any assets, wages and earnings acquired during the marriage are considered owned by both parties at the time of divorce, even if particular assets are held in only one spouse's name.
Items that are usually considered separate property include:
- Property that was acquired by one individual spouse before the marriage
- Property received as a gift by one of the spouses
- Property obtained through a will or inheritance
It's quite common for there to be disputes over whether a particular item counts as marital or separate property. Moreover, while the court's goal is to equitably divide the marital property, some property is not easily divided - for instance, a house or a car can't just be split in half. Other matters, such as custody of the children, can also affect the optimal division of property.
How an attorney can help with division of property
In some cases, the husband and wife involved can come to an agreement on their own when deciding how to divide assets. For others, it can be a fight. In any case, it's important to have an experienced family attorney working with you at the time of property division. Mesa family law attorney Brad Crider has the experience to represent you at the time of your divorce and protect your interests when it comes to division of property.
Brad's background in business makes him uniquely qualified to handle cases involving complex division of assets, such as situations when one party owns a business. Moreover, Brad is joined on many of these cases by attorneys Scott Jensen and Shad Brown, whose expertise in business and tax law can be the key to finding a favorable resolution for our clients.
We understand that division of marital property can be one of the more complex and emotionally draining aspects of any divorce. We're ready to stand in your corner and offer our expertise and knowledge to help you see the best possible outcome. Contact us online or call 480-378-9000.