Recent Posts in separate property Category
Posted on Mar 6, 2011 By Phoenix Divorce Lawyer
A.R.S. § 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 ...
Continue reading "Community Property vs. Joint Tenancy" »
Posted on Mar 5, 2011 By Phoenix Divorce Lawyer
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 ...
Continue reading "Commingled Accounts" »
Posted on Feb 25, 2011 By Phoenix Divorce Lawyer
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 ...
Continue reading "Debts and Creditors: Prenups vs. Divorce Decrees" »
Posted on Feb 23, 2011 By Phoenix Divorce Lawyer
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 ...
Continue reading "Pizza and Prenups" »
Posted on Feb 22, 2011 By Phoenix Divorce Lawyer
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" »
Posted on Feb 21, 2011 By Phoenix Divorce Lawyer
"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 ...
Continue reading "Only Love Is On The Line When A Prenup Has Been Signed" »
Posted on Feb 20, 2011 By Phoenix Divorce Lawyer
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 ...
Continue reading "Equally vs. Equitably" »
Posted on Feb 19, 2011 By Phoenix Divorce Lawyer
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 Falling Real Estate Prices" »
Posted on Feb 18, 2011 By Phoenix Divorce Lawyer
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" »