The Law Offices of Karen A. Schoenau

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Community Property Exclusions

Community Property Exclusions Lawyer Scottsdale, Arizona

Scottsdale & Phoenix Family Law Attorney Advises About Assets Excluded from Community Property in Arizona Divorces

Divorce is usually more than just the end of a marriage – there are also consequences for the divorcing spouses when it comes to marital property and assets. For example, property is divided according to Arizona law. As a community property state, Arizona requires divorcing couples to divide their marital property equally. This can create hardship and sometimes require the sale of marital assets in order to split them equally. However, having a knowledgeable Arizona divorce attorney can ensure that you are able to keep all assets and property that should be excluded from the property division process.

Knowledgeable Scottsdale family law attorney Karen A. Schoenau helps identify assets that can be excluded from community property under Arizona law. After helping clients with the financial aspects of divorce in Arizona for more than 30 years, Attorney Schoenau has in-depth knowledge of the property division process and the types of property included and excluded. Having this level of experience on your side means that you will be treated fairly and your rights will be upheld during the property division process.

Assets Excluded from the Arizona Property Division Process

Arizona excludes certain types of assets from the property division process during divorce. These include:

  • Property owned before marriage.
  • Inheritances received by one spouse during the marriage.
  • Gifts received by one of the parties that were intended only for that person.
  • Property that both spouses agree (in writing) belongs to only one of the parties.
  • Assets acquired after filing for divorce.

Examples of these types of property can include birthday gifts, a condominium or jewelry owned before marriage, inheritance from a grandparent, and anything you and your spouse agreed was separate property, regardless of the source. The court will typically consider all other assets to be marital property that is subject to division during an Arizona divorce.

Issues Related to Separate Property in an Arizona Divorce

The process of identifying separate property in an AZ divorce can become complicated when an asset does not clearly fit into one of the categories mentioned above. For example, if one spouse received a cash inheritance and deposited it into a joint bank account, the money may no longer be separate property. Another example: Your grandmother bought two season subscriptions to a concert series for you and your spouse. The gift was for you but also included tickets for your spouse. The tickets are probably not separate property, even though the gift was intended for you.

Contact a Scottsdale Divorce Lawyer to Learn About Property Excluded from the AZ Property Division Process

If you want to know about property that could be considered separate property in your Arizona divorce, contact Scottsdale family law attorney Karen Schoenau today.