Community Property and Property Division

Aggressive Representation for Division of Property in Arizona

One of the more difficult aspects of many Phoenix divorce cases is the division of property. When two individuals have been married for an extended period of time, determining who has the most right to which assets is challenging. That is why it is so important to have a qualified divorce attorney on your side to help you properly identify all dividable assets, and also help you fight for what is rightfully yours.

Arizona is a “Community Property” state. This means that you and your spouse have a legal obligation to fairly divide all community property. What many couples do not realize is “fairly” does not necessarily mean “equally.” That is why an experienced Phoenix family law attorney is so important.

Under current laws, community property refers to all property that either the husband or wife acquired during the marriage, unless it was acquired by gift, devise, or descent. Sometimes it is difficult for both parties to agree on this division, and that is where the experienced legal team at Cantor Law Group is able to help. We will aggressively represent your goals and directives throughout this process.

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Exceptions to the time of acquisition clause:

Arizona law dictates that the character of the property at the time of acquisition dictates its status during the divorce. However, there is one major exception to this. When community funds mix with one individual’s separate funds to the point that the courts cannot distinguish the two, then the funds are considered “commingled.” This means that the property purchased with those funds is considered community property, even if it was not community property at the time of acquisition.

This is clearly seen in the case of Evans v. Evans, 70 Ariz. 284,288 P.2d 775 (Ariz. 1955). In this case, the husband owned half of a company prior to marriage, and purchased the remaining half while he was married. Over the course of the marriage, the profits became so commingled with the husband’s original proceeds that separation could not be made. In this case, all of the profits were considered community income, and thus had to be divided.

Exceptions dictate the need for qualified legal representation

Exceptions such as this make it so important for you to have a qualified Arizona divorce lawyer on your team. At Cantor Law Group, we are ready to provide you the legal support and knowledge you need as you begin the process of dividing your assets. We focus in structuring arguments in order to maximize your chances of reaching your objectives in the case. To learn more about how we can help, call us to schedule a free consultation.

In fact, we are here to provide support throughout the entire divorce process. By working with us, you will have the support of a Martindale-Hubble® AV® rated law firm that is part of the Bar Register of Pre-Eminent Lawyers®. From the moment you schedule your free initial consultation to filing your petition for divorce and beginning the division process you want strong lawyers to get the best for you and your family. Our team has over 70 years of combined experience and we are a member of Arizona’s Finest Lawyers®.

Experience matters when it comes to division of property, and experience is exactly what we offer at the Cantor Law Group. Fill out the form you see below to schedule your free consultation, or call us at (602) 254-8880 to speak directly with an Arizona divorce lawyer. With our help, you can have a successful conclusion to your divorce while aggressively fighting for a fair division of your assets.