Who gets the house in a divorce in AZ?

Community property law requires divorcing couples to equally most of their assets. In Arizona, generally speaking, a house is considered community property if the spouses acquire it during marriage.

What is considered marital property in Arizona?

Defining Marital Property in Arizona The term “community property” refers to all property acquired during the marriage, which is owned equally by each spouse and thus will be divided 50/50 upon divorce.

How can I keep the house in a divorce?

In many cases, the simplest way to keep the house in a divorce if it still has a mortgage is to refinance. The best-case scenario is for you to refinance and remove the mortgage from your ex’s name altogether. You’ll need to qualify for the mortgage on your own, so make sure to have all your financial ducks in a row.

Does Arizona recognize sole and separate property?

Arizona law defines sole and separate property as property acquired prior to the date of marriage, after the date of service in a divorce, gifts to one spouse, one spouse’s inheritance, and pain and suffering damages.

Does it matter who files for divorce first in Arizona?

From a purely legal standpoint, it generally does not matter who files for a divorce first in Arizona. However, from a personal standpoint, it may, depending on the situation and the needs of those involved.

Do I lose my rights if I leave the marital home?

In short, yes. However, this is rarely advisable if the family home is owned by you and your spouse jointly as you will both have the right to occupy the property unless a Court orders otherwise. If one party temporarily leaves the family home, they still have the right to return and gain entry.

What are the Arizona divorce laws?

One of the spouses commits adultery

One spouse commits a felony and receives a prison or death sentence

One spouse abandons the marital home and does not live there for more than a year

One of the spouses sexually or physically abuses their children or spouse

The couple lives separately for at least two years

How does Arizona divide property in divorce?

Arizona Divorce Rules and Property Division. A judge will divide a divorcing couple’s property and debts, unless the couple is able to reach a settlement agreement. Under Arizona’s community property laws, all assets and debts a couple acquires during marriage belong equally to both spouses. Unlike some community property states, Arizona does

Is separate property divided in AZ divorce?

Yes, Arizona is one of the minority of states that follows community property rules. The majority of states adhere to equitable distribution principles, but Arizona is not one of them. A judge will divide a divorcing couple’s property and debts, unless the couple is able to reach a settlement agreement.

How will my property be divided in a divorce?

The length of your marriage

What each of you contributed (financially and otherwise) to the well-being of your family

You and your spouse’s separate economic circumstances

You and your spouse’s ages,your health,and your physical and mental condition

How and when specific assets were acquired (if their status as a marital asset is in question)