Property & Debt Division

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It’s necessary to spend time and resources assessing each person’s needs and rights before dividing up property and debt. It is also crucial to do so in an equitable manner that will work for both people in the future. To ensure the division process proceeds as smoothly as possible, it’s advisable to work with an experienced divorce attorney to gather all the relevant information and secure a fair outcome.

Many types of property and assets are subject to division in Arizona, including:

• Real estate, which can include the family home, investment properties, and vacation homes
• Retirement accounts, which can include 401(k)s, pensions, and IRAs
• Personal property, which can include vehicles, jewelry, art, and collectibles
• Business interests, which can include partnerships, sole proprietorships, and equity
• Bank accounts, which can include savings accounts, checking accounts, and money market accounts
• Debts, which can include credit card debt, student loan debt, and mortgage debt

Arizona is a community property state, meaning all property and assets acquired during the marriage are considered jointly owned by both spouses. This includes income, retirement accounts, and real estate. The court will presume that all property acquired during the marriage should be divided equally between the two spouses unless there is a compelling reason to do otherwise.

Items that do not qualify as community property and are not subject to division in an Arizona divorce include gifts, inheritances, and anything else one spouse owned prior to the marriage. This rule protects items that are considered separate property and ensures that they remain with the rightful owner after the divorce is final. Otherwise, all other property will be subject to equitable division to ensure that both spouses are treated fairly.

Debt is also subject to division in an Arizona divorce. This includes credit card debt, mortgage debt, student loan debt, and any other debts that were incurred during the marriage. The court will presume that all debts should be divided equally between the two spouses unless there is a compelling reason otherwise.

Some considerations that the court may consider when dividing debt include:

• Who incurred the debt? If one spouse incurs a debt without the knowledge of the other, they may be solely responsible for that debt.
• What was the debt used for? If the debt was used for a joint purpose, such as a mortgage on the family home, then both spouses may be responsible for that debt.
• Can the debt be refinanced in one spouse’s name? If the debt can be refinanced in one spouse’s name, the couple may consider that option.

The family home is often one of the most valuable assets that a couple owns, and it can also be one of the most contentious issues in a divorce. There are a few different options couples can consider when it comes to dividing the family home in an Arizona divorce.

These include:

• Sell the home and split the proceeds. This is often the simplest option, and it can be a good way to avoid one spouse putting forth the funds to purchase the home.
• Keep the home and have one spouse buy out the other. This option can be more complicated, and it may not be possible if neither spouse can afford the mortgage payments.
• Keep the home and continue to co-own it. This option can be an effective way to avoid having to sell the home, and it can also give both spouses a stake in the property.

It’s important to keep in mind that these are just some options couples can consider when it comes to dividing the family home in an Arizona divorce. There is no one-size-fits-all solution, and the best option for a particular couple will depend on their individual circumstances. Spouses should consult with an experienced Arizona family law attorney to determine the best way to address real estate property.

Dividing property in an Arizona divorce can be a complex and stressful process, but there are a few things that couples can do to make the process go more smoothly.

Gather All Relevant Financial Documents

Organizing all documentation is crucial for any divorce, but it can be especially important when dividing property. This includes tax returns, bank statements, mortgage documents, and anything else that can help to establish which assets and debts are owned by the couple.

Create a Realistic Budget

Once all assets and debts have been identified, it’s important to create a budget to see what each spouse can realistically afford. This budget should consider all income and expenses, including things like child support and alimony.

Consider the Needs of Any Minor Children

When dividing property, it’s important to consider the needs of any minor children. This includes providing a stable home for the children and making sure that they have access to any necessary medical care or education.

Be Open to Compromise

It’s important to remember that divorce agreements are not always about winning and losing. In many cases, it may be necessary to compromise to reach an agreement that is fair to both spouses. It is also important to be open to the idea of compromise from the start to prevent prolonging the divorce process.

At The Valley Law Group, LLC, our attorneys have considerable experience representing clients in all types of divorce proceedings, including those involving complex property and debt division. We understand the stress and anxiety that comes with going through a divorce, especially when there are significant assets and debts at stake.

Our goal is to help clients understand their rights and options to make informed decisions about their future. We will help you reach a fair property and debt division agreement that values what’s important to you and protects your long-term interests.

Contact us today for a free consultation.