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Community Property Division Lawyers in Sun City

Arizona community property division lawyers help divorcing families understand community property asset division

Community Property Asset Division

Divorce is not easy for anyone. The divorce process can be very stressful and emotionally taxing, especially when it comes to obtaining a favorable outcome. Your future financial stability and well being are dependent on the terms of your divorce decree, which means that you have to pay careful attention to community property asset division commonly known as the division of marital property.

A variety of factors are relevant to the division of property in a divorce. If you and your spouse do not come to an agreeable and equitable arrangement on your own, the court will decide. In this situation, the property allocation is dependent upon the strength of your position. At Mushkatel, Robbins & Becker, PLLC, our experienced Sun City family law lawyers have a broad knowledge base in property law as well as family law. This overlap of skills can greatly benefit you within the property division process. Call us at (623) 889-0691 to find out more about the legal services we offer.

What is Community Property?

In a divorce, the community property that you hold with your spouse is divided equitably (though certain factors may impact the final outcome). Knowing what is and what is not “up for grabs” as far as property and assets during your divorce is important. You don’t want to miss something that you are entitled to merely due to a lack of understanding. According to Arizona Revised Statute § 25-211, community property is defined as “all property acquired by either husband or wife during the marriage…” If you bought a car during the marriage, it is community property; if you accumulated a large amount of jewelry during the marriage, it is community property; household goods, substantial retirement funds, investments, pensions, and real estate ownership may all be considered community property, as would debts.

Community property does not include property that was acquired by devise, descent, or gift, or property that was acquired after legal separation, annulment, or the service of a petition for dissolution of marriage (if such actions actually result in separation, annulment, or divorce).

Property Division Processhouse property division

In divorce matters, the court determines which property qualifies as a community in nature as opposed to separate. Often, spouses attempt to hide assets that they may have acquired during the marriage in order to avoid having to split that property, which is why having experienced legal representation is important. With effective representation, you can uncover any hidden assets to make sure you receive your fair share of the marital property.

Court Liens

Be aware that the court has the power to impress a lien on the marital property awarded to either party. The court may also impose a lien on the separate property of either party for the purpose of securing payment of community debts. If there is any equity or interest the other party has in the property, this lien on a separate property may also take place. The same course of action may apply if an allowance for spousal maintenance, an allowance for child support, or both, exists.

Getting the Property Settlement You Deserve

Unless previously agreed to in writing, all property accumulated during the marriage, including debts, is considered community property. The West community property asset division attorneys at Mushkatel, Robbins & Becker, PLLC, are experienced in representing individuals in advancing their property interests. To discuss your situation with one of our lawyers, contact us for a consultation.

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