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Tucson Family, Separation & Divorce Attorney

Property Rights

Arizona is considered a community property state. All assets acquired from the date of marriage until the end of that marriage will be split equally between the divorcing spouses unless both parties can agree on a way to split the property themselves.

Property within a marriage includes all physical property, retirement funds, 401Ks, bank accounts, and any other financial funds. If divorcing spouses can agree on how to split their property and debt, all they must do is inform the judge.

Our Tucson Family Attorney is Highly Knowledgeable

Many clients are concerned about property and assets acquired prior to their marriage. Your spouse has no legal entitlement to any of these properties or assets unless he or she can prove that they helped “maintain” them. This means that your spouse spent time and/or money in helping you upkeep the property. If a spouse’s name is not on the title for a property than he or she bares the burden of proof in convincing the court they helped maintain the property. Other exceptions to this rule are any property by gift, will, or inheritance. Your spouse has no legal claim over property given to you by any of these means.

The division of property and assets is one of the most important issues to be resolved in a divorce case. The Tucson family lawyer is an experienced attorney fully knowledgeable in the ways to protect your assets during your divorce proceeding. We can help you assert your rights to the property that belongs to you, as well as deal with any debts.

Contact our office today for a free initial consultation.