Injury In Idaho

Community Property Basics

Family law questions and disputes often come from questions and concerns surrounding division of property and personal belongings. Questions about ownership, how to properly divide belongings, and who owns things that were acquired over the course of a marriage can not only cause disputes but may be tricky to navigate in terms of legality versus subjective feelings and notions. Arizona is one of nine states that employs community property rights, per previous court cases. This is different from most state’s concept of property law, as that falls under common law practice. Don’t worry if you have any questions or are unsure about your situation; a legal professional can help.

What is Community Property

In the states of Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin, spouses are subject to community property laws. This means that any property acquired by either side of a marriage is considered communal, or shared, and ownership falls to both parties. Now, what exactly defines property obtained by both spouses, and what, then, is considered property owned by individuals? Both of these have certain parameters and specifications, and those for community property include:

  • Any money or income received or earned by either spouse for the duration of the marriage
  • Property purchased or acquired using earnings and funds such as a house, cars, other vehicles, housewares, etc.
  • Debts incurred during the marriage.
  • Items and property for which it is difficult to discern if it is individual or community property, or those that have had their ownership transferred throughout the course of a marriage.

These criteria are easy enough to understand at first, but when it comes to things like deeds, ownerships, and mortgages or loans, they can make the determination of ownership difficult.

Common Law is the Norm

Traditionally, common law applies to property ownership disputes. Common law property is a much more cut and dry way to approach family law and division of items. With common law, whoever’s name is on a document proving ownership is the owner, no questions asked. This means that whoever signs the lease for a car, deed to a house or mortgage agreement then is the sole owner of those burdens. This can be beneficial or detrimental for either spouse, depending on the situation. In terms of debts, if one spouse was often inclined to be the sole signer, they will most likely incur all of those monetary obligations following a divorce. However, if each spouse owned their own vehicle and shared no contract rights, there will be no dispute on ownership.

Arizona as a Community Property State

Community property laws, on the other hand, raise questions and disputes when it comes to ownership as a team of skilled family attorneys Phoenix AZ trusts might explain. There is often conditionality attached to each and every item or piece of property, and it then becomes the duty of a court to evenly divide belongings among the divorcing parties. It is the job of the court to ensure a fair and equitable outcome, avoiding leaving one party with nothing and the other with plenty.

Community property is not an easy area of law to deal with. Whether you are confused as to what exactly this area of family law entails or need representation that will ensure a fair outcome for you, trust an experienced legal team.

 

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