Arizona is a community property state. When a couple decides to divorce here, their marital assets will likely be divided equally between each spouse, regardless of who bought what.

Does Arizona recognize sole and separate property?

Under Arizona law, the general rule is that items purchased during the marriage belong to the community, and items purchased prior to the marriage, or received during the marriage by gift or inheritance, are still the sole and separate property of the party receiving such property.

Under Arizona’s community property laws, all assets and debts a couple acquires during marriage belong equally to both spouses. Unlike some community property states, Arizona does not require the division of marital property in divorce to be exactly equal, but it must be fair and will usually be approximately equal.

What is community property law in Arizona and why does it matter?

What is Community Property Law in Arizona and Why Does it Matter? Arizona is a community property state and community property law controls the division of all assets of your marital estate.

Can a married couple own real estate in Arizona?

Community Property with Right of Survivorship in Arizona Like many western states, Arizona allows legally married couples to own real estate as community property, with or without rights of survivorship. The rules and definitions are set forth at Section 33-431 of the Arizona Revised Statutes.

What is community property with right of survivorship in Arizona?

Community Property with Right of Survivorship in Arizona. Generally, anything that a married couple accumulates during the marriage is considered community property. Assets acquired prior to the marriage, or gifts, wills, and inheritances are usually sole and separate (individual) property. The principles of community property are meant…

Can a spouse waive their right to community property?

Generally, a spouse may waive his or her right to community property in a pre or post-nuptial agreement provided the agreement satisfies all applicable laws. A pre or post-nuptial waiver of community property may also be reversed during marriage or at the time of divorce, if spouses mutually agree.