What is a wife entitled to in a divorce in Arizona?

What is a wife entitled to in a divorce in Arizona? Well, that depends. This is a community property state, so if the husband and wife have accumulated marital assets, so things that they bought or got while they were married, then the wife would be entitled to one half of those assets.

For more videos answering common community property questions click here.

For more videos answering common divorce with kids questions click here.

For more videos answering common divorce without kids questions click here.

Our team of family law attorneys and divorce attorneys look forward to helping you when you need it most. With over two decades of aggressive divorce, child custody, child support, and divorce mediation representation we will not allow you to be taken advantage of. We believe in making a difference in the lives of our clients and their children.


Mesa, AZ – Office

Located in Mesa Arizona, on Val Vista and Southern Avenue. Our Family Law Attorneys and Divorce Lawyers in Mesa AZ have been helping our clients achieve the legal results they are searching for. Our Mesa Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Mesa AZ
2915 E Baseline Rd Suite 115
Gilbert, AZ 85234
(480) 999-2321
https://familylawattorneymesaaz.net/mesa

Chandler, AZ – Office

Located On Dobson Road, just North of W. Chandler Blvd, near the 101 Freeway. We have a team of the Best Divorce Lawyers and Family Law Attorneys in Chandler Arizona. Our Chandler Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Chandler AZ
333 N. Dobson Rd #5
Chandler, AZ 85224
(480) 632-2083
https://familylawattorneymesaaz.net/chandler

Gilbert, AZ – Office

Located in South East Gilbert, Near Higley High School on Pecos Road, West of Power Road in the Power Ranch Neighborhood. Our Gilbert Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Gilbert AZ
4365 E. Pecos Rd Suite 138
Gilbert, AZ 85295
(480) 900-2302
https://familylawattorneymesaaz.net/gilbert

Florence, AZ – Office

Located in the Community of Anthem in Florence Arizona, off of Hunt Hwy. Our Florence Law Firm is staffed with family law attorneys that offer Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Florence AZ
3281 N. Hunt Hwy Suite 111
Florence, AZ 85132
(480) 632-1120
https://familylawattorneymesaaz.net/florence

Glendale, AZ – Office

Located in Glendale. Our Glendale Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Glendale AZ
7075 West Bell Road Suite 5
Glendale, AZ 85308
(602) 834-8585
https://familylawattorneymesaaz.net/glendale/

What is the Community Property Law in Arizona?

As the best community property lawyers in Arizona we often get asked, "what is the community property law in Arizona?" My name is Brandon Yost. I'm a divorce and family law attorney in Mesa, Arizona. People come to me oftentimes when they're contemplating divorce saying, “Hey, Brandon, we've been married for a while and we've got these cars. But because my husband's been kind of handle all this stuff to run our marriage, and I've been more handling other things, well, cars or homes titled in his name. And now, we're going to get this divorce, and I don't want to be left without a. Well, I’ll tell you that, while the title on the car matters, it doesn't matter that much. It matters about this much.

And the reason why is because, in Arizona, we're a community property State. That means that what you purchase in the marriage is presumed to be community property, unless there's clear and convincing evidence otherwise. Well, just the names on the title does not provide clear and convincing evidence that it's not community property. In fact, that's one of the easiest things to deal with. Because maybe all the vehicles are in husband's name, but in the divorce, the judge is going to split up the vehicles. He's not going to let husband keep everything just because it's in his name. What we do here is we offer a free consultation where we can sit down with you, and in 30 minutes, go through what you've got. Let's look at the vehicles. Let's talk about how they're titled. Let's talk about what other assets you have so we can get down to the bottom of this and realize what you're fairly entitled to in the divorce. I understand that a lot of people are feeling a lot of stress and anxiety about this. You've got the emotional issues of getting the divorce in the first place. And on top of this, you've got the unknown. So, what's going to happen with these assets? What's going to happen when my name is not on the title of the vehicles? And we get a divorce? Am I going to be left with nothing? Well, the answer is no. And if you come into my office for free consultation, we can discuss this, and I can alleviate some of that stress and give you some more peace of mind. Give me a call. Look forward to speaking to you soon.

For more videos answering common community property questions click here.

For more videos answering common divorce with kids questions click here.

For more videos answering common divorce without kids questions click here.

Our team of family law attorneys and divorce attorneys look forward to helping you when you need it most. With over two decades of aggressive divorce, child custody, child support, and divorce mediation representation we will not allow you to be taken advantage of. We believe in making a difference in the lives of our clients and their children.


Mesa, AZ – Office

Located in Mesa Arizona, on Val Vista and Southern Avenue. Our Family Law Attorneys and Divorce Lawyers in Mesa AZ have been helping our clients achieve the legal results they are searching for. Our Mesa Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Mesa AZ
2915 E Baseline Rd Suite 115
Gilbert, AZ 85234
(480) 999-2321
https://familylawattorneymesaaz.net/mesa

Chandler, AZ – Office

Located On Dobson Road, just North of W. Chandler Blvd, near the 101 Freeway. We have a team of the Best Divorce Lawyers and Family Law Attorneys in Chandler Arizona. Our Chandler Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Chandler AZ
333 N. Dobson Rd #5
Chandler, AZ 85224
(480) 632-2083
https://familylawattorneymesaaz.net/chandler

Gilbert, AZ – Office

Located in South East Gilbert, Near Higley High School on Pecos Road, West of Power Road in the Power Ranch Neighborhood. Our Gilbert Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Gilbert AZ
4365 E. Pecos Rd Suite 138
Gilbert, AZ 85295
(480) 900-2302
https://familylawattorneymesaaz.net/gilbert

Florence, AZ – Office

Located in the Community of Anthem in Florence Arizona, off of Hunt Hwy. Our Florence Law Firm is staffed with family law attorneys that offer Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Florence AZ
3281 N. Hunt Hwy Suite 111
Florence, AZ 85132
(480) 632-1120
https://familylawattorneymesaaz.net/florence

Glendale, AZ – Office

Located in Glendale. Our Glendale Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Glendale AZ
7075 West Bell Road Suite 5
Glendale, AZ 85308
(602) 834-8585
https://familylawattorneymesaaz.net/glendale/

What is Division of Property During a Divorce in Arizona?

As the best community property lawyers in Arizona we often get asked, "what is division of property during a divorce in Arizona?" Hi, I'm Brandon Yost. I'm an attorney with a Law Office of Kevin Jensen. I want to talk you a little bit about a division of property case that I had and how it relates to a case that you may be experiencing. I had a client come into my office, Alex. And we sat down, and he just realized that his wife is... he actually just realized it was his ex-wife had got a default divorce against him and had transferred the deed to their house out of his name. And it was interesting, because he didn't even know they were divorced.

So, he came in to me, and he said, “Hey, Brandon, I’ve got this problem. You’ve got to help me get out of it.” So, we sat down, and we looked at it. And I had asked him to show me the petition for dissolution of marriage, which she had filed about a year before. And we looked at it, and then I had asked him, I said, “Well, Alex, why didn't you respond to this?” he said, “Well, when she filed this, she came to me and said, ‘I want to get a divorce. Here's where we're at.’ And then we started talking, and we were living apart, but we kind of were talking about maybe we were going to get back together, maybe we're going to do something different. And so, I just kind of left it alone and hadn't heard anything.” Well, in the meantime, we looked at the court docket and found out that she had filed an application and affidavit for default. And then after that, she went and had a default hearing without him. He didn't even have a copy of the default decree. So, I had to file a notice of appearance and request a copy of the default decree from the court. And I looked at the default decree, and this was a couple of weeks later, I had him come back into my office after I got it. And I looked at the default decree and I looked at the petition, and there were some significant differences. I also looked at the docket and saw that the application for default hadn't been mailed to his home address as required to. It had been mailed to some different address that he never lived at.

Now, it's very important to understand that, when you get a divorce, you can get a default. And the reason why we have these default statutes are sometimes people don't respond, and you can't just wait out there in limbo forever. But it's very specific. If you're going to get a default, it has to match exactly the terms that are in the petition, and you also have to give the party proper notice that you are going for a default. Well, neither of those happened in this case. So, we met together, we talked about the different options, and Alex and I decided the best way to go would be to set aside the default. And so, we did. I filed our petition to set aside the default, and also some of the other required filings that came with it. And then she filed the response, and we had a hearing. At this point, she had an attorney. And we had a hearing with the other attorney. And Alex and I did really well at the hearing, and the judge agreed with us that she hadn't followed the proper statutes and set aside the default.

So, this was very important, because then we had to go and deal with Arizona property statutes as far as how we divide the house, how we divide the vehicles, how we divide the retirement accounts, how we divide the other remaining personal property, how we divide the debts, and also, how we deal with spousal maintenance or alimony as people commonly think of it? So, then we went through the divorce process. And because she hadn't followed the proper statutory regime, we got to essentially start over again. And then we were able to follow the Arizona property laws, which essentially require that half of the community assets go to husband and a half go to wife. And in this case, they had been married for a long time, so all of the assets that they had acquired were acquired during the marriage. And so, instead of the wife getting the house free and clear without him, he was able to get his half of the equity from it. Alex didn't want to do anything wrong. He didn't want to take advantage of his wife, but he just wanted what he was entitled to. And because we were able to get in there and get involved in the case early enough, we were able to set aside the default.

First off, I want you to understand that, if somebody files for divorce, you should come and talk to me because there are some things that we need to do. First off, we want to file a response. We want to make sure that Arizona community property laws are followed. But also, if a situation happened in which you do have a default against you, there may be something you can do. Don't fall into the trap of thinking it's too late. But you don't want to wait too long, because the statutes are pretty clear that you have about 6 months to try to set aside a default. And after, that it would be much more difficult. Luckily, Alex came to me within time, we were able to get it done, and we're able to get a fair result for him. So, if you have any situations like this, it's important that you should come and see me. Come and see us at the Law Offices of Kevin Jensen and we can help you look at your different options. And then we together can decide what is going to make the most sense in your case.

For more videos answering common community property questions click here.

For more videos answering common divorce with kids questions click here.

For more videos answering common divorce without kids questions click here.

Our team of family law attorneys and divorce attorneys look forward to helping you when you need it most. With over two decades of aggressive divorce, child custody, child support, and divorce mediation representation we will not allow you to be taken advantage of. We believe in making a difference in the lives of our clients and their children.


Mesa, AZ – Office

Located in Mesa Arizona, on Val Vista and Southern Avenue. Our Family Law Attorneys and Divorce Lawyers in Mesa AZ have been helping our clients achieve the legal results they are searching for. Our Mesa Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Mesa AZ
2915 E Baseline Rd Suite 115
Gilbert, AZ 85234
(480) 999-2321
https://familylawattorneymesaaz.net/mesa

Chandler, AZ – Office

Located On Dobson Road, just North of W. Chandler Blvd, near the 101 Freeway. We have a team of the Best Divorce Lawyers and Family Law Attorneys in Chandler Arizona. Our Chandler Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Chandler AZ
333 N. Dobson Rd #5
Chandler, AZ 85224
(480) 632-2083
https://familylawattorneymesaaz.net/chandler

Gilbert, AZ – Office

Located in South East Gilbert, Near Higley High School on Pecos Road, West of Power Road in the Power Ranch Neighborhood. Our Gilbert Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Gilbert AZ
4365 E. Pecos Rd Suite 138
Gilbert, AZ 85295
(480) 900-2302
https://familylawattorneymesaaz.net/gilbert

Florence, AZ – Office

Located in the Community of Anthem in Florence Arizona, off of Hunt Hwy. Our Florence Law Firm is staffed with family law attorneys that offer Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Florence AZ
3281 N. Hunt Hwy Suite 111
Florence, AZ 85132
(480) 632-1120
https://familylawattorneymesaaz.net/florence

Glendale, AZ – Office

Located in Glendale. Our Glendale Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Glendale AZ
7075 West Bell Road Suite 5
Glendale, AZ 85308
(602) 834-8585
https://familylawattorneymesaaz.net/glendale/

Do I Have to Share Inherited Money or Property with my Spouse During a Divorce?

As the best community property lawyers in Arizona we often get asked, "do I have to share money or property that I inherited during the marriage with my spouse when I get divorced?" The answer to that question is; no. One of the exceptions to the community property rule in Arizona is that, if you inherit something during the marriage, that is your sole and separate property, and it is not subject to division when you get divorced. However, you have to be very careful about not commingling that asset with other marital assets. That can create a problem where the court could consider that as a gift to the community. But in general, if you inherit something during the marriage, it's your sole and separate property and the other spouse doesn't get any part of that.

For more videos answering common community property questions click here.

For more videos answering common divorce with kids questions click here.

For more videos answering common divorce without kids questions click here.

Our team of family law attorneys and divorce attorneys look forward to helping you when you need it most. With over two decades of aggressive divorce, child custody, child support, and divorce mediation representation we will not allow you to be taken advantage of. We believe in making a difference in the lives of our clients and their children.


Mesa, AZ – Office

Located in Mesa Arizona, on Val Vista and Southern Avenue. Our Family Law Attorneys and Divorce Lawyers in Mesa AZ have been helping our clients achieve the legal results they are searching for. Our Mesa Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Mesa AZ
2915 E Baseline Rd Suite 115
Gilbert, AZ 85234
(480) 999-2321
https://familylawattorneymesaaz.net/mesa

Chandler, AZ – Office

Located On Dobson Road, just North of W. Chandler Blvd, near the 101 Freeway. We have a team of the Best Divorce Lawyers and Family Law Attorneys in Chandler Arizona. Our Chandler Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Chandler AZ
333 N. Dobson Rd #5
Chandler, AZ 85224
(480) 632-2083
https://familylawattorneymesaaz.net/chandler

Gilbert, AZ – Office

Located in South East Gilbert, Near Higley High School on Pecos Road, West of Power Road in the Power Ranch Neighborhood. Our Gilbert Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Gilbert AZ
4365 E. Pecos Rd Suite 138
Gilbert, AZ 85295
(480) 900-2302
https://familylawattorneymesaaz.net/gilbert

Florence, AZ – Office

Located in the Community of Anthem in Florence Arizona, off of Hunt Hwy. Our Florence Law Firm is staffed with family law attorneys that offer Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Florence AZ
3281 N. Hunt Hwy Suite 111
Florence, AZ 85132
(480) 632-1120
https://familylawattorneymesaaz.net/florence

Glendale, AZ – Office

Located in Glendale. Our Glendale Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Glendale AZ
7075 West Bell Road Suite 5
Glendale, AZ 85308
(602) 834-8585
https://familylawattorneymesaaz.net/glendale/

Do I have to share gifts with my spouse during a divorce?


As the best community property lawyers in Arizona we often get asked, “what if my mom or my dad or another relative, gifts me some kind of property during the marriage? Does the other spouse get to share in that asset when we get divorced?” Generally speaking, the answer is no. One of the exceptions to the community property rule in Arizona, is that an asset or piece of property that is gifted to you is your sole and separate property. You need to be careful not to co-mingle that piece of property with marital property, because that can actually transform that sole and separate asset into a community asset that would be then divided. But if you keep it separate and if it was gifted to you from someone else at the time of the divorce, the court will consider that your sole and separate property and you’ll get the entirety of that asset.

For more videos answering common community property questions click here.

For more videos answering common divorce with kids questions click here.

For more videos answering common divorce without kids questions click here.

Our team of family law attorneys and divorce attorneys look forward to helping you when you need it most. With over two decades of aggressive divorce, child custody, child support, and divorce mediation representation we will not allow you to be taken advantage of. We believe in making a difference in the lives of our clients and their children.


Mesa, AZ – Office

Located in Mesa Arizona, on Val Vista and Southern Avenue. Our Family Law Attorneys and Divorce Lawyers in Mesa AZ have been helping our clients achieve the legal results they are searching for. Our Mesa Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Mesa AZ
2915 E Baseline Rd Suite 115
Gilbert, AZ 85234
(480) 999-2321
https://familylawattorneymesaaz.net/mesa

Chandler, AZ – Office

Located On Dobson Road, just North of W. Chandler Blvd, near the 101 Freeway. We have a team of the Best Divorce Lawyers and Family Law Attorneys in Chandler Arizona. Our Chandler Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Chandler AZ
333 N. Dobson Rd #5
Chandler, AZ 85224
(480) 632-2083
https://familylawattorneymesaaz.net/chandler

Gilbert, AZ – Office

Located in South East Gilbert, Near Higley High School on Pecos Road, West of Power Road in the Power Ranch Neighborhood. Our Gilbert Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Gilbert AZ
4365 E. Pecos Rd Suite 138
Gilbert, AZ 85295
(480) 900-2302
https://familylawattorneymesaaz.net/gilbert

Florence, AZ – Office

Located in the Community of Anthem in Florence Arizona, off of Hunt Hwy. Our Florence Law Firm is staffed with family law attorneys that offer Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Florence AZ
3281 N. Hunt Hwy Suite 111
Florence, AZ 85132
(480) 632-1120
https://familylawattorneymesaaz.net/florence

Glendale, AZ – Office

Located in Glendale. Our Glendale Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Glendale AZ
7075 West Bell Road Suite 5
Glendale, AZ 85308
(602) 834-8585
https://familylawattorneymesaaz.net/glendale/

What Does Division of Assets Include in AZ?

As the best community property lawyers in Arizona we often get asked, “what does division of assets include in AZ?” Today I want to talk to you about community property and how to divide assets when you’re going through a divorce. One of the questions that I get all the time when I’m talking with someone who is in the process of getting a divorce is; “how do we divide stuff up? How do we divide up the debt? Who gets this debt? Who gets this piece of property?” etc. Arizona is a community property state which means that anything that you acquire as a couple during the term of your marriage, whether that’s one month or fifty years, is going to be considered community property. Now there are some distinctions and some exceptions like always in the law.

Anything that you bring into the marriage, whether that’s a debt or whether that’s a piece of property, can be considered your sole and separate property or debt, and that would be excluded from this community property that we talked about in the divorce. One question I get a lot is; “what do I do if, for example, a credit card is only my name and not my husbands or my wife’s? Who has to take that debt on?” It doesn’t matter who the name of the debt is in, as long as it was acquired during the term of the marriage and is not considered sole and separate debt and that’s an evaluation that an attorney would have to make on a case by case basis, but as long as it is acquired during the term of the marriage, it’s going to be considered a community debt or property. It’ll have to be divided by the court or by agreement before the divorce is finalized.

These community property issues can become very complicated. What do we do with the house? What do we do with the cars? How do we divide things up so that it’s as equal as possible? What about retirement accounts? One of the big issues that always come up are retirement accounts. Even if you have not worked for the entire term of the marriage and your husband or wife has been the sole breadwinner and has the retirement account, the non working spouse will be entitled to one half of their retirement account for the amount that was acquired during the term of the marriage.

These are complicated issues that require an Arizona divorce attorney to review and to evaluate. I encourage you if you have any questions about community property, if you have any questions about debt or property going through a divorce to give the law offices of Kevin Jensen a call. We’re experienced, we’ve done a lot of this over the past several years and we’re here to answer any questions and help in any way we can.

For more videos answering common community property questions click here.

Our team of family law attorneys and divorce attorneys look forward to helping you when you need it most. With over two decades of aggressive divorce, child custody, child support, and divorce mediation representation we will not allow you to be taken advantage of. We believe in making a difference in the lives of our clients and their children.


Mesa, AZ – Office

Located in Mesa Arizona, on Val Vista and Southern Avenue. Our Family Law Attorneys and Divorce Lawyers in Mesa AZ have been helping our clients achieve the legal results they are searching for. Our Mesa Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Mesa AZ
2915 E Baseline Rd Suite 115
Gilbert, AZ 85234
(480) 999-2321
https://familylawattorneymesaaz.net/mesa

Chandler, AZ – Office

Located On Dobson Road, just North of W. Chandler Blvd, near the 101 Freeway. We have a team of the Best Divorce Lawyers and Family Law Attorneys in Chandler Arizona. Our Chandler Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Chandler AZ
333 N. Dobson Rd #5
Chandler, AZ 85224
(480) 632-2083
https://familylawattorneymesaaz.net/chandler

Gilbert, AZ – Office

Located in South East Gilbert, Near Higley High School on Pecos Road, West of Power Road in the Power Ranch Neighborhood. Our Gilbert Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Gilbert AZ
4365 E. Pecos Rd Suite 138
Gilbert, AZ 85295
(480) 900-2302
https://familylawattorneymesaaz.net/gilbert

Florence, AZ – Office

Located in the Community of Anthem in Florence Arizona, off of Hunt Hwy. Our Florence Law Firm is staffed with family law attorneys that offer Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Florence AZ
3281 N. Hunt Hwy Suite 111
Florence, AZ 85132
(480) 632-1120
https://familylawattorneymesaaz.net/florence

Glendale, AZ – Office

Located in Glendale. Our Glendale Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Glendale AZ
7075 West Bell Road Suite 5
Glendale, AZ 85308
(602) 834-8585
https://familylawattorneymesaaz.net/glendale/

Do cheaters get less property of assets in the divorce?

For more videos answering common community property questions click here.

For more videos answering common divorce with kids questions click here.

For more videos answering common divorce without kids questions click here.

Our team of family law attorneys and divorce attorneys look forward to helping you when you need it most. With over two decades of aggressive divorce, child custody, child support, and divorce mediation representation we will not allow you to be taken advantage of. We believe in making a difference in the lives of our clients and their children.


Mesa, AZ – Office

Located in Mesa Arizona, on Val Vista and Southern Avenue. Our Family Law Attorneys and Divorce Lawyers in Mesa AZ have been helping our clients achieve the legal results they are searching for. Our Mesa Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Mesa AZ
2915 E Baseline Rd Suite 115
Gilbert, AZ 85234
(480) 999-2321
https://familylawattorneymesaaz.net/mesa

Chandler, AZ – Office

Located On Dobson Road, just North of W. Chandler Blvd, near the 101 Freeway. We have a team of the Best Divorce Lawyers and Family Law Attorneys in Chandler Arizona. Our Chandler Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Chandler AZ
333 N. Dobson Rd #5
Chandler, AZ 85224
(480) 632-2083
https://familylawattorneymesaaz.net/chandler

Gilbert, AZ – Office

Located in South East Gilbert, Near Higley High School on Pecos Road, West of Power Road in the Power Ranch Neighborhood. Our Gilbert Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Gilbert AZ
4365 E. Pecos Rd Suite 138
Gilbert, AZ 85295
(480) 900-2302
https://familylawattorneymesaaz.net/gilbert

Florence, AZ – Office

Located in the Community of Anthem in Florence Arizona, off of Hunt Hwy. Our Florence Law Firm is staffed with family law attorneys that offer Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Florence AZ
3281 N. Hunt Hwy Suite 111
Florence, AZ 85132
(480) 632-1120
https://familylawattorneymesaaz.net/florence

Glendale, AZ – Office

Located in Glendale. Our Glendale Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Glendale AZ
7075 West Bell Road Suite 5
Glendale, AZ 85308
(602) 834-8585
https://familylawattorneymesaaz.net/glendale/

Arizona Community Property Lawyer

Since Arizona is a community property state, all assets, property, or debts that you and your spouse acquire during your marriage are considered community property.  Each spouse has a one-half interest in any assets or property acquired during the marriage. As family law attorneys and divorce lawyers in Mesa, AZ, we are experts in the division of assets during a divorce.

Assets can include but are not limited to an interest in any real property, personal property (home furnishings, art, tools, etc.), money, cars, investments, bank accounts, stock, retirement accounts, pensions, etc.

Likewise, each spouse has a one-half responsibility for any debt accumulated during the marriage. Generally, debts incurred during the marriage or for the benefit of a community asset are considered community debt and are considered the liability of both spouses. Debts incurred prior to marriage or after service of the Petition for Dissolution of Marriage has occurred are considered separate debt.

Sole and Separate Property, Gifts, and Inheritance

Any property or cash that one spouse owned prior to the marriage or any property given as a gift or inherited by one spouse during the marriage is considered sole and separate property. In these situations, the other spouse is not entitled to a one-half interest in that property.  A party claiming that some specific property or income is his or her separate property must provide proof that the property was something he or she owned prior to the marriage, was acquired by gift, or was a personal property that was received through inheritance.

Community Liens

When one spouse owns a business or has an interest in a business that was acquired or owned prior to the marriage, that is considered that spouse’s sole and separate property.  However, under Arizona law, any effort made by one spouse during the marriage is presumed to be for the benefit of the marital community. Thus, your spouse may still have a legal interest in or lien against your business regardless of whether it is your sole and separate business if that business has increased in value.

This principle can also apply to any property owned before the marriage that has increased in value or received maintenance from the marriage community during the duration of the marriage.

This can be a fiercely debated point of contention during a divorce, so seek an experienced family law attorney who can assist you in getting what you deserve.

Retirement Accounts and QDROs

According to Arizona community property law, everything acquired during a marriage is considered community property and therefore must be divided equally, even retirement accounts.  Retirement accounts are usually one of the largest assets couples own.  There are some retirement plans that will not require a QDRO to make payments to the alternate payee, but most retirement plans do require a QDRO.

The QDRO (Qualified Domestic Relations Order) is a court order that is ordered against one spouse’s retirement account or pension plan to provide child support, spousal support, or divide community property.  The QDRO grants a spouse, former spouse, or dependent child the opportunity to participate in the other spouse’s or parent’s retirement plan or pension.  The QDRO assures that any payment awarded to the alternate payee is paid directly to them.   The QDRO also assures that the tax liability from any awarded amount is shared equally between the two parties.

The legal team at Genesis Family Law and Divorce Lawyers understands the complex issues related to the division of property and debts at the time of divorce.  Although it is always preferable for the parties to try to come to an agreement as to how their property and debts should be divided, sometimes it is necessary to litigate, especially when a party might be hiding assets or to determine whether the property should be considered community property or separate property. At Genesis Family Law and Divorce Lawyers, we will protect your property division rights through passionate and compassionate legal service.


Our team of child support lawyers look forward to helping you when you need it most. With over two decades of aggressive child support representation, we will not allow you to be taken advantage of. We believe in making a difference in the lives of our clients and their children.

Call us today and schedule your divorce consultation with one of our Arizona Divorce Attorneys. With offices in MesaChandler, Glendale, Scottsdale, Queen Creek, and Gilbert we are ready to help.


Mesa, AZ – Office

Located in Mesa Arizona, on Val Vista and Southern Avenue. Our Family Law Attorneys and Divorce Lawyers in Mesa AZ have been helping our clients achieve the legal results they are searching for. Our Mesa Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Mesa AZ
2915 E Baseline Rd Suite 115
Gilbert, AZ 85234
(480) 999-2321
https://familylawattorneymesaaz.net/mesa

Chandler, AZ – Office

Located On Dobson Road, just North of W. Chandler Blvd, near the 101 Freeway. We have a team of the Best Divorce Lawyers and Family Law Attorneys in Chandler Arizona. Our Chandler Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Chandler AZ
333 N. Dobson Rd #5
Chandler, AZ 85224
(480) 632-2083
https://familylawattorneymesaaz.net/chandler

Gilbert, AZ – Office

Located in South East Gilbert, Near Higley High School on Pecos Road, West of Power Road in the Power Ranch Neighborhood. Our Gilbert Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Gilbert AZ
4365 E. Pecos Rd Suite 138
Gilbert, AZ 85295
(480) 900-2302
https://familylawattorneymesaaz.net/gilbert

Florence, AZ – Office

Located in the Community of Anthem in Florence Arizona, off of Hunt Hwy. Our Florence Law Firm is staffed with family law attorneys that offer Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Florence AZ
3281 N. Hunt Hwy Suite 111
Florence, AZ 85132
(480) 632-1120
https://familylawattorneymesaaz.net/florence

Glendale, AZ – Office

Located in Glendale. Our Glendale Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Glendale AZ
7075 West Bell Road Suite 5
Glendale, AZ 85308
(602) 834-8585
https://familylawattorneymesaaz.net/glendale/

Scottsdale, AZ – Office

Our Scottsdale Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Scottsdale AZ
7825 E. Gelding Dr. Suite 102
Scottsdale, AZ 85260
(480) 581-1650
https://familylawattorneymesaaz.net/scottsdale