how-property-characterized

How Property Is Characterized In A Divorce

Getting divorced means splitting up and not just a split of the people involved. The Court will enter orders that divide property, assets, and even the children. Final orders in a divorce case include information on who gets what as far as cars, the house, and other property; who pays what debts, and where the kids will live. When thinking of property division, the Court must not only decide what is fair, but must also consider what type of property is being divided. Property is either separate, or community property. The difference between the two can mean the world when you are trying to figure out what is yours, and what belongs to your soon to be ex-spouse.

Property acquired during the marriage is considered community property. It is this type of property that the Court has jurisdiction to distribute. Separate property is that property which was owned by one of the parties prior to the marriage taking place. Separate property remains the property of the person that brought it into the marriage, unless its character has changed over the course of the marriage. What this means is this:

  • Any property that was yours prior to getting married, but that you co-mingle with community property might be considered community property during a divorce, and subject to the Court’s order of distribution.
  • If something was a gift, it is generally not considered community property, and will be yours to keep after getting divorced.
  • Any inheritance you have received is separate property, but be careful! If you used the funds to purchase a marital asset, such as a home, you may not be entitled to 100% ownership of that home.

It can get tricky when trying to figure out what classification property falls under for the purposes of property division in a divorce, but a skilled family law attorney can help. We have experience looking at the unique facts of how your property was acquired and used during your marriage and will present the evidence in the light most favorable to your needs. Call our office today for more information and to learn how to protect what is rightfully yours.

For answers to your questions about marriage and how property is divided at divorce, consult one of the trained family law professionals in our office. Let us put our valuable experience to work for you. Call The Sampair Group in Phoenix and the West Valley today to schedule your appointment.