[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.phoenixlawteam.com\/blog\/how-is-property-divided-in-divorce\/#BlogPosting","mainEntityOfPage":"https:\/\/www.phoenixlawteam.com\/blog\/how-is-property-divided-in-divorce\/","headline":"How Is Property Divided in a Divorce in Arizona?","name":"How Is Property Divided in a Divorce in Arizona?","description":"Married couples may accumulate significant assets during their relationship. When they split up, this property must be divided. Arizona has a variety of rules that can help determine how property is divided in a divorce. If you would like to know what goes into deciding how property is split during...","datePublished":"2022-06-27","dateModified":"2026-04-13","author":{"@type":"Person","@id":"https:\/\/www.phoenixlawteam.com\/blog\/author\/phoenixlawteam-zach\/#Person","name":"Zachary Mushkatel","url":"https:\/\/www.phoenixlawteam.com\/blog\/author\/phoenixlawteam-zach\/","identifier":24,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/fd982df245bac5ca956f9a35879e7f3b6827ba255c2fba7b3af833bca79ccc76?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/fd982df245bac5ca956f9a35879e7f3b6827ba255c2fba7b3af833bca79ccc76?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Mushkatel, Gobbato, & Kile","logo":{"@type":"ImageObject","@id":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2021\/02\/Mushkatel-robbins-becker-pllc-logo.png","url":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2021\/02\/Mushkatel-robbins-becker-pllc-logo.png","width":459,"height":157}},"image":{"@type":"ImageObject","@id":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2022\/06\/couple-divorcee.jpg","url":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2022\/06\/couple-divorcee.jpg","height":667,"width":1000},"url":"https:\/\/www.phoenixlawteam.com\/blog\/how-is-property-divided-in-divorce\/","about":["Divorce"],"wordCount":1074,"articleBody":"Married couples may accumulate significant assets during their relationship. When they split up, this property must be divided.Arizona has a variety of rules that can help determine how property is divided in a divorce.If you would like to know what goes into deciding how property is split during a divorce in Arizona, contact Mushkatel, Robbins & Becker, P.L.L.C. Table of ContentsIs Arizona a Community Property State?Who Keeps the House in an Arizona Divorce?What Is a Wife Entitled to in a Divorce in Arizona?Can My Wife Take My Retirement in a Divorce?Is Debt Also Included in a Divorce?How Do I Protect My Assets During a Divorce?Contact Our Arizona Divorce Attorneys TodayIs Arizona a Community Property State?Yes, Arizona is a community property state.In community property states, spouses must generally equally split the property they accumulated together during the marriage when they divorce.In Arizona, assets, and debts a couple acquires during the marriage are generally considered community property and owned equally by both spouses.However, Arizona\u2019s community property laws do not require that all property and debt be exactly equally divided like most other community property states.The law only requires that the division be fair and equitable.There is a strong presumption under Arizona law that assets and debts the spouses acquire during the marriage are community property.However, there are some exceptions when the property will be considered separate, such as:The spouse owned property alone before the marriage, sold that property during the marriage, and bought other property with the proceedsA spouse received property as a gift or inheritanceThe property is subject to the terms of a prenuptial or postnuptial agreementThere are ways that separate property can become community property, so it is important to talk to a knowledgeable Arizona divorce lawyer to understand what you may be entitled to in a divorce.Who Keeps the House in an Arizona Divorce?A house is one of the most valuable assets a couple may have.In many cases, the family home is sold and the spouses split the proceeds.In other situations when selling the house is undesirable (such as for economic reasons), the house may be allocated to one of the spouses.The other spouse may have to \u201cbuy out\u201d the spouse\u2019s share or give them more personal property in exchange for the house.If a couple cannot reach a property settlement agreement, a judge divides the couple\u2019s property and debts. The judge may consider various factors when dividing property, including the family home, such as:Who purchased the property and the source of the fundsWho paid the mortgage and other expenses related to the propertyWhether the property provides an income stream to one or both spousesWhether a spouse is willing to give up other property to keep the houseWhether there are children who would benefit from being raised in the homeWhether either spouse tried to destroy, conceal, or damage community propertyWhat Is a Wife Entitled to in a Divorce in Arizona?Both spouses, regardless of their sex, are generally entitled to half of the community property in a divorce in Arizona.Can My Wife Take My Retirement in a Divorce?If the retirement account was acquired during the marriage, it can be subject to division in a divorce.In many situations, property may be partially separate property and partially community property.For example, if a spouse had a retirement account before marriage, that portion of the retirement account would be separate property.However, the account\u2019s earnings and additional contributions to the account made during the marriage would be community property, subject to division.Some couples prefer to keep their own retirement accounts rather than divide both of them.Spouses are free to enter into divorce settlement agreements regarding the division of their property.The court will generally uphold such agreements as long as they are fair to both spouses.Is Debt Also Included in a Divorce?Yes, debt must also be divided in a divorce. The couple must assign all debt to one or both spouses.Marital debts may include:MortgagesCar loansPersonal loansStudent loansBack taxesCredit card debtMedical debtUnpaid utilitiesLoans from family members or friendsDivorce agreements and orders are not binding on creditors. Therefore, even if the court orders your spouse to pay a certain debt, if your spouse fails to do so, the creditor can still pursue you for payment.How Do I Protect My Assets During a Divorce?The best way to protect your assets during a divorce is to contact an experienced Arizona family lawyer for legal advice and assistance.At Mushkatel, Gobbato, & Kile, P.L.L.C., our family law attorneys have successfully represented clients dealing with divorce and support issues for years.There may be a variety of strategies that can help protect your assets during divorce, such as:Cataloging and appraising your assets so they do not go missing during the divorce processArguing that certain property should be considered separate or community property based on the facts surrounding the propertyEstablishing that separate property became comingled and is now community propertyChallenging or defending a prenuptial or postnuptial agreementProving your spouse committed \u201cwaste\u201d so you are entitled to a larger share of the community propertyUncovering hidden assetsSeeking court orders while your case is pending that protect your assetsUsing the formal discovery process to locate and value marital assetsSecuring spousal support and child support to help you meet your financial obligationsRequiring your spouse to obtain life insurance to protect future support paymentsHelping you structure a settlement agreement that best protects your and your family\u2019s futureArguing to the court why you should be entitled to certain propertyPlacing a lien on your spouse\u2019s property to ensure the payment of certain debtsContact Our Arizona Divorce Attorneys TodayIf you have questions about your property rights under Arizona\u2019s community property laws or would like to know more about how a lawyer can help you during this process, contact Mushkatel, Robbins & Becker, P.L.L.C.Our family law attorneys have successfully handled various legal situations to help families going through a divorce. We can discuss your particular circumstances during a consultation.Visit our Sun City Property Division Law Offices{    \"@context\": \"http:\/\/schema.org\",    \"@type\": \"FAQPage\",    \"mainEntity\": [        {            \"@type\": \"Question\",            \"name\": \"Is Arizona a Community Property State?\",            \"acceptedAnswer\": {                \"@type\": \"Answer\",                \"text\": \"Yes, Arizona is a community property state. In community property states, spouses must generally equally split the property they accumulated together during the marriage when they divorce. 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