Money and property are often significant concerns in a divorce, making the division of assets a challenging process. In Glendale, Arizona, state law determines how assets and debts are split between spouses. Arizona follows community property rules, meaning most things acquired during the marriage belong to both spouses equally. That includes houses, bank accounts, and even debts. However, some assets remain separate, such as gifts or inheritances. The way property is divided depends on multiple factors, including agreements between spouses and whether certain assets were mixed. At Cohen Family Law, we help you understand your rights and work toward a fair resolution that protects your future.
Arizona’s Community Property Laws Explained
Arizona follows community property laws, which means most assets and debts acquired during a marriage belong equally to both spouses. In Glendale and throughout the state, this includes income, real estate, vehicles, and even retirement savings earned during the marriage. When a couple divorces, the court generally divides these assets equally, but there are exceptions.
Separate property, such as gifts, inheritances, or assets owned before marriage, typically remains with the original owner. However, if separate property is mixed with shared assets, it may lose its separate status. For example, if one spouse inherits money but deposits it into a joint bank account, the funds could be considered community property.
Under Arizona law, debts are also divided. A credit card balance or loan taken out during the marriage is usually shared, even if only one spouse’s name is on the account. At Cohen Family Law, we help ensure a fair division of assets and debts.
Common Assets and How They Are Divided
During a divorce in Glendale, Arizona, courts aim for an equal division of most assets and debts, but some factors can affect the final outcome.
- Real estate: If a couple owns a home, one spouse may keep it and buy out the other’s share, or the house may be sold with the profits split. If minor children are involved, the parent with primary custody may temporarily stay in the home.
- Vehicles: Cars, motorcycles, and other vehicles are typically divided based on ownership records and value. If both spouses are on the title, they may agree to trade assets of equal value or sell the vehicle and split the proceeds.
- Bank accounts: Joint bank accounts are usually divided equally, but if one spouse contributed separate funds, they may claim a portion.
- Debt: Credit card balances, loans, and mortgages taken out during the marriage are typically shared, regardless of whose name is on them.
Special Considerations: Inherited Property, Pre-Marriage Assets, and Commingling
Not all property is divided equally in a divorce. Some assets remain separate, but that can change depending on how they were handled during the marriage.
- Inherited property: If you inherit money or assets during the marriage, they remain separate unless mixed with shared funds. For example, depositing an inheritance into a joint bank account and using it for household expenses may turn it into community property.
- Pre-marriage assets: Property owned before marriage typically remains separate. However, if joint funds are used to improve or maintain it—such as renovating a home—part of it may be subject to division.
- Commingling: When separate and community property mix, determining ownership can become complicated. For instance, using separate funds for a down payment on a house but making mortgage payments with shared income may create a legal dispute.
Dividing Retirement Accounts and Other Complex Assets
Retirement savings and business interests often make property division more complicated in a divorce. In Glendale, Arizona, assets earned during the marriage are typically shared, even if only one spouse’s name is on the account.
- Retirement accounts: Pensions, 401(k)s, and IRAs built up during the marriage are community property. A Qualified Domestic Relations Order (QDRO) is often required to divide these accounts properly without penalties or tax consequences.
- Business interests: If a business was started or grew during the marriage, it may be subject to division. Courts may assign a value and offset it with other assets or arrange for one spouse to buy out the other’s share.
- Stock options and investments: If acquired during the marriage, these are usually divided. Valuation can be tricky, especially if the assets fluctuate.
How We Can Help
Dividing property in a divorce can be complicated, especially when dealing with high-value assets, retirement accounts, or property that may have both separate and community interests. At Cohen Family Law, we work with clients in Glendale and the surrounding areas to ensure a fair and legally sound division of assets. Whether you are concerned about protecting your financial future or need clarity on what qualifies as community property, we help you understand your rights and options. Our approach is focused on achieving a resolution that reflects both fairness and long-term stability.
Contact Our Experienced Glendale, AZ Division of Property Attorney
Property division in a divorce affects your financial future, so it’s important to handle the process carefully. At Cohen Family Law, we guide clients in Glendale through every step. Contact us today to discuss your case and protect what matters most.
