Property division is a very important aspect of the divorce process, particularly for couples with significant assets. Because of the nature of the process of property division, it is important for parties to divorce to be well represented by an experienced attorney. One major reason for this is that the application of the rules of property division is not always straightforward.
In Arizona, as some Phoenix readers may know, courts utilize an approach to property division called community property. Under this approach, most property a couple acquires during the marriage is considered to be community property and is subject to equal division in divorce. That being said, exceptions to this rule can include property received by inheritance and gifts.
Although the general rule is that community property acquired during marriage is divided equally, there are factors that can result in unequal division. These can include things like waste and fraud. Because disputes can arise with respect to when property is characterized as community property as well as when an exception may apply to the equal division rule, it is important to work with a competent attorney.
Another type of dispute which can arise is whether or not separate property should be considered to have changed over to community property. Inheritances and gifts during marriage can, under some circumstances, be considered to have converted, at least partially, over to being community property. A skilled attorney is able to work with his or her client in order to protect his or her interests with respect to that property.
Regardless of the specific issues that come up in a case, working with an attorney ensures that one's interests are protected. Dong so helps ensure the best possible outcome in the case.