Tucson Property Division Attorneys

Helping You Divide Your Assets in Arizona

When you and your spouse decide to get a divorce, you will need to divide your property. This can be a difficult and contentious process, especially if you and your spouse have a lot of assets. At McNorton Fox PLLC, we understand how important it is for you to protect your property and your financial future. Our Tucson property division lawyers can help you understand your rights and options and work to ensure that you receive a fair share of the marital estate.

For more information about property division in Tucson, call (520) 415-2970 or contact us online.

How Is Property Divided in Arizona?

Arizona is a community property state. This means that all property and assets acquired during the marriage are considered to be owned equally by both spouses. As such, they are subject to equal division in the event of a divorce. However, this does not mean that all property is divided 50/50. Instead, the court will divide the property in a way that it deems to be “equitable.”

When dividing property, the court will consider a variety of factors, including:

• The length of the marriage
• The age and health of each spouse
• The earning capacity of each spouse
• Each spouse’s financial resources
• Each spouse’s contributions to the marriage
• Whether one spouse contributed to the other’s education or career
• Whether one spouse will be the primary custodian of the couple’s children
• Whether one spouse engaged in any misconduct that led to the divorce

It is important to note that the court will only divide marital property. This includes all property and assets acquired during the marriage, regardless of how the property is titled. Property that is considered to be separate property is not subject to division. This includes property that was owned by one spouse prior to the marriage, property that was acquired by one spouse as a gift or inheritance, and property that was acquired by one spouse after the couple separated.

What Is Considered Marital Property?

Marital property is any property or assets that were acquired during the marriage. This includes real estate, vehicles, bank accounts, retirement accounts, and other assets. It also includes any debts that were incurred during the marriage. In Arizona, all marital property is considered to be owned equally by both spouses, regardless of how the property is titled. As such, it is subject to equal division in the event of a divorce.

Marital property may include:

• Real estate
• Vehicles
• Bank accounts
• Retirement accounts
• Investments
• Businesses
• Stocks and bonds
• Artwork and collectibles
• Debts

It is important to note that property that was acquired by one spouse prior to the marriage is considered to be separate property and is not subject to division. This is also true of property that was acquired by one spouse as a gift or inheritance. However, if separate property is commingled with marital property, it may become subject to division. For example, if one spouse owned a home prior to the marriage and then added the other spouse’s name to the title, the home may be considered to be marital property and may be subject to division.

What Is Separate Property?

Separate property is any property or assets that were acquired by one spouse prior to the marriage. It also includes property that was acquired by one spouse as a gift or inheritance. Separate property is not subject to division in the event of a divorce. Instead, it remains the sole property of the spouse who owns it.

Separate property may include:

• Real estate
• Vehicles
• Bank accounts
• Retirement accounts
• Investments
• Businesses
• Stocks and bonds
• Artwork and collectibles

It is important to note that separate property can become marital property if it is commingled with marital property. For example, if one spouse owned a home prior to the marriage and then added the other spouse’s name to the title, the home may be considered to be marital property and may be subject to division. Similarly, if one spouse owned a business prior to the marriage and then used marital funds to grow the business, the business may be considered to be marital property and may be subject to division.

What Is Community Property?

Community property is any property or assets that were acquired during the marriage. In Arizona, all community property is considered to be owned equally by both spouses, regardless of how the property is titled. As such, it is subject to equal division in the event of a divorce.

Community property may include:

• Real estate
• Vehicles
• Bank accounts
• Retirement accounts
• Investments
• Businesses
• Stocks and bonds
• Artwork and collectibles

It is important to note that community property can become separate property if it is commingled with separate property. For example, if one spouse owned a home prior to the marriage and then added the other spouse’s name to the title, the home may be considered to be community property and may be subject to division. Similarly, if one spouse owned a business prior to the marriage and then used marital funds to grow the business, the business may be considered to be community property and may be subject to division.

What Is Commingling?

Commingling is the process of mixing separate property with marital property. When separate property is commingled with marital property, it can become marital property and may be subject to division in the event of a divorce. This is true even if the separate property was acquired prior to the marriage.

Examples of commingling include:

• Adding your spouse’s name to the title of a home that you owned prior to the marriage
• Depositing money that you inherited into a joint bank account
• Using marital funds to pay the mortgage on a home that you owned prior to the marriage
• Using marital funds to pay for improvements to a home that you owned prior to the marriage
• Using marital funds to pay for the maintenance of a vehicle that you owned prior to the marriage
• Using marital funds to pay for the maintenance of a business that you owned prior to the marriage

It is important to note that separate property can become marital property even if it is not commingled with marital property. For example, if you owned a home prior to the marriage and then used marital funds to pay the mortgage, the home may be considered to be marital property and may be subject to division. Similarly, if you owned a business prior to the marriage and then used marital funds to grow the business, the business may be considered to be marital property and may be subject to division.

What Is Equitable Distribution?

Equitable distribution is the process of dividing property in a way that is fair and just. In Arizona, all property and assets acquired during the marriage are considered to be owned equally by both spouses, regardless of how the property is titled. As such, they are subject to equal division in the event of a divorce. However, this does not mean that all property is divided 50/50. Instead, the court will divide the property in a way that it deems to be “equitable.”

When determining how to divide property, the court will consider a variety of factors, including:

• The length of the marriage
• The age and health of each spouse
• The earning capacity of each spouse
• Each spouse’s financial resources
• Each spouse’s contributions to the marriage
• Whether one spouse contributed to the other’s education or career
• Whether one spouse will be the primary custodian of the couple’s children
• Whether one spouse engaged in any misconduct that led to the divorce

It is important to note that the court will only divide marital property. This includes all property and assets acquired during the marriage, regardless of how the property is titled. Property that is considered to be separate property is not subject to division. This includes property that was owned by one spouse prior to the marriage, property that was acquired by one spouse as a gift or inheritance, and property that was acquired by one spouse after the couple separated.

For more information about property division in Tucson, call (520) 415-2970 or contact us online.