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Recent Posts in community property Category

The Temporary Injunction

OK, so you've filed for divorce, or as we say in Arizona, you've filed a petition for dissolution of marriage. What happens next? Pending hearing on the petition, several matters are handled ...
Continue reading "The Temporary Injunction" »

Community Property vs. Joint Tenancy

A.R.S. ยง 25-318(A) mandates equitable distribution of joint tenancy assets as well as community property upon dissolution of marriage, absent fraud, excessive or abnormal expenditures, destruction, or ...
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Commingled Accounts

Commingling, in the context of property division, means that community property and separate property are combined in some way. In this common situation, it is important to have a Phoenix Divorce ...
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Debts and Creditors: Prenups vs. Divorce Decrees

When the two of you get divorced, what happens to the debts that have been racked up? As is so often the case in the law, the answer is: it depends. So let this Phoenix Divorce Lawyer help explain it. ...
Continue reading "Debts and Creditors: Prenups vs. Divorce Decrees" »

Pizza and Prenups

Arizona recognizes prenuptial ("premarital") agreements. But in most divorce cases, one spouse will seek to get out of it. The 2000 case of In Re Marriage of Pownall discusses the circumstances under ...
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Disclaimer Deeds, Community Property, and Separate Property

Sometimes, when a couple wants to buy real estate, one of them has significantly better credit than the other. Putting the mortgage and the deed in the name of that spouse only can significantly ...
Continue reading "Disclaimer Deeds, Community Property, and Separate Property" »

Only Love Is On The Line When A Prenup Has Been Signed

"Only love is on the line when a Massey prenup has been signed." So says George Clooney, playing Beverly Hills divorce lawyer Miles Massey, in the comedy "Intolerable Cruelty." Clooney's prenuptial ...
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Equally vs. Equitably

Most people know that Arizona is a community property state. People often assume that in a divorce or legal separation action, the property division rule is simple: the community property is dividing ...
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Community Property and Falling Real Estate Prices

Arizona is a community property state. Property acquired by either spouse during the marriage is presumed to belong to the spouses together, as community property. Same for income earned. Property ...
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Community Property and Business Evaluation

Arizona is a community property state. Property acquired by either spouse during the marriage is presumed to belong to the spouses together, as community property. Same for income earned. Property ...
Continue reading "Community Property and Business Evaluation" »