Mesa Property Division Lawyer
Equitable distribution, more commonly known as property division, can be a challenging task during the divorce process. While issues like child custody and child support only arise if the couple has children, the division of property is likely to be an issue with most Arizona divorce proceedings. Bryson Law helps families navigate various legal issues when dividing marital assets. We offer our clients knowledgeable and sympathetic representation when handling divorce negotiations or litigation. You can rely on Brent Bryson’s legal experience to help you understand Arizona property division laws and effectively advocate for your best interests in the courtroom.
Bryson Law Protects Your Assets
Under Arizona property division laws, marital property is fair game for division and distribution. However, separate property is another matter. Since the Copper State follows community property rules, an equal division of marital property should occur.
Our experienced Arizona property division lawyer will help you protect the following types of assets:
- Bank accounts
- Real estate or land
- Retirement accounts
- Valuable items
Not only are assets on the table, but debts are up for discussion as well. Ensure that you do not take or leave more than your fair share. Hire an Arizona property division lawyer to help you preserve your ownership rights as seamlessly as possible.
Brent Bryson Will Advocate For You In The Courtroom
Other elements can affect the outcome of property division proceedings in Arizona. The asset division practicality may change the way a judge decides on your case. Equally, debts associated with the asset may require careful consideration.
Other elements that could affect your case include:
- Domestic violence incidents
- Abnormal or excessive spousal spending
- Destruction of evidence or marital property
Divorcing couples must also follow family court procedures. Doing so ensures that you avoid legal mistakes that could jeopardize your divorce objectives. Brent Bryson will explain your legal rights and represent your case to the court on your behalf.
Bryson Law Firm Represents Both Simple and High Net Worth Cases
A common concern in simple and high net worth cases involves concealing marital property assets from the other spouse. Bryson Law has the experience and resources to uncover hidden assets, including the ability to consult with forensic accountants.
Another legal issue is the involvement of family businesses. An unfair or improper valuation can cause one party to incur an unfair share of debt or face deprivement of marital property. Ensure that your companies receive a professional appraisal to ensure a fair judgment. Other property division issues we navigate also include stock, portfolio, pension, and retirement account division.
Property Division Frequently Asked Questions
What is considered marital property vs. separate property in Arizona?
Marital property refers to assets that were obtained during a marriage. In comparison, separate property is assets that an individual acquired before they entered into a marriage. This can also pertain to gifts received from a third party or an inheritance kept separate from the couple's shared funds. For example, if your Aunt left you an inheritance and you put those funds in a separate bank account while you were married, the court will likely grant you that money. Spouses may also choose to exclude specific property from marital property by signing a prenuptial or postnuptial agreement.
How are marital assets divided in a divorce?
Arizona is a 50/50 state, meaning that real estate properties, financial assets, debts, and furniture must be equally divided during a divorce. To ensure equity, the judge has the authority to determine what is fair. What is deemed an equitable division depends upon the type, kind, and nature of the property at the judge's discretion.
Who is responsible for repaying debts after a divorce?
During divorce proceedings, the couple must assign all debt accrued during the marriage, including mortgages, car loans, and credit card balances, to one of the spouses. Couples dividing debts should be aware that creditors may continue trying to collect a community debt from either or both ex-spouses. If a debt is allocated to one spouse, the other can request the court to put a lien on that spouse's separate property as security for paying the debt.
Who keeps the house in a divorce?
In many divorce proceedings, It's common for each spouse to fight to keep the marital house. This is understandable, considering that homes often hold emotional ties and special memories. However, it is usually not in the couple's best interest to continue to share the home. Therefore, you and your former spouse need to come to an agreement on what to do with the house. If one spouse chooses to keep the home, they must first qualify to cover the mortgage and buy out the other homeowner. If you take this course of action, you'll need to complete a quitclaim deed, which will allow one spouse to transfer the interest in the property to the other.
Another common option is to sell the home and split the profits. If you choose this route, it's crucial to ensure that the divorce judgment specifies a time frame for listing the property and a provision for what happens if the home doesn't sell. Both spouses must agree to an offer, and if an agreement can’t be reached, the decision will be made by the judge. Once the sale is finalized the couple will divide the profits and or debts according to the judgment of divorce.
Schedule a Consultation an Experienced Arizona Property Division Lawyer
Bryson Law understands that divorce is a challenging time for you and your family. Arizona property division laws protect your rights, and Brent Bryson is an experienced property division lawyer who will make sure that your assets are protected and all of your divorce and family law-related questions are answered. Contact us to schedule a consultation via email or call (480) 813-0444 today.