When one spouse earns profits from their separate property, those profits are classified as either separate property or community property. They are community property only to the extent to which they are earned through a...

In Arizona, property acquired by spouses during the marriage is usually presumed to be community property. But, is this the case when a married couple holds property as joint tenants with the right of survivorship? In re...

Under Arizona law, when community assets benefit one spouse’s separate property, the community can obtain reimbursement in a divorce. Does the same rule apply when the community ends because of one spouse’s death? What is...

Under Arizona law, when one spouse earns income from separate property, that income is usually considered separate property. However, if the spouse does not keep them separate from community funds, the court can...

In Arizona, property acquired during a marriage is presumed to be community property. During a divorce, the judge divides a couple’s community property equitably between them. However, it is not always easy for the court to...

Arizona is a community property state. That means that a divorce court divides all community property between the two spouses fairly and equitably when the marriage ends. The exact division is generally left to the discretion...

Sometimes, a person may loan money to someone whom they later marry. So, the question becomes whether a judge in a divorce can enter or order a judgment against a spouse who obtained a loan from the other spouse before...

In Arizona, when a spouse purchases real estate with their separate funds, it is considered their separate property. If a spouse takes the title in joint tenancy with the other spouse, however, courts may presume there was an...

Under Arizona law, the earnings of both spouses during the marriage are community property. Sometimes a spouse’s earnings will also include their employer’s contribution to a retirement account. The court must determine...

In McClellon v. McClennon 464 P.2d 982 (1970) the Arizona Court of Appeals considered various property division issues, including effect of a failure to provide evidence of the value of property in an Arizona divorce. Facts...