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Sep 15, 2025|Divorce

Understanding Property Division in Your Divorce

Dividing property during a divorce can be one of the most challenging parts of the separation process. The Law Office of Hector A. Montoya has a deep understanding of complex property division laws in Arizona to help protect individuals’ rights and assets during the proceedings. If you’re considering a divorce, here is some important information to know.

Man's hands around coin stacks signifying dividing of money and property for divorce

What Is Complex Property Division?

Complex property division refers to the process of dividing assets and debts that are intricate in nature or difficult to value during a divorce. This can include businesses, professional practices, stock options, real estate properties, retirement accounts, or valuable collections. Due to their unique nature, these assets often require expert valuation and legal guidance from an asset protection attorney to ensure a fair and equitable distribution in accordance with Arizona’s community property laws.

Arizona Property Division Rules

Arizona is a community property state that requires equitable division of assets and debts acquired during the marriage. Equitable typically means an equal 50/50 split, but this doesn’t always translate to an exact dollar-for-dollar division. Also, this only applies to community property, not separate property.

Community Property vs. Separate Property

Separate property includes assets owned before the marriage or received as a gift or inheritance during the marriage, but it’s critical to have proper documentation to establish separate property. Community property includes assets and debts acquired during the marriage. Examples of community property include:

  • The family home
  • Joint bank accounts
  • Vehicles
  • Retirement accounts accrued during the marriage
  • Business interests
  • Debts, including mortgages and credit card balances

How Are Assets Divided?

While an equal split is standard, equitable does not always mean perfectly equal. Factors such as asset type or future tax implications may influence the division. Arizona courts use a methodical approach to divide property, which includes:

  • Identifying all assets and debts
  • Categorizing them as either community or separate property
  • Valuing each item based on fair market value
  • Documenting with necessary paperwork, such as titles, deeds, or account statements

Asset Protection During Divorce

It’s natural for anyone going through a divorce to want to protect their assets. In addition to hiring an experienced divorce attorney, here are steps to safeguard your assets before or during a marriage or when filing for a divorce:

  • Organize Financial Records – Gather bank statements, property titles, tax returns, and other relevant documents.
  • Open Separate Accounts – Establish financial independence by creating individual accounts.
  • Document Your Property – Create a comprehensive inventory with photos or videos of your possessions.
  • Be Wary of Joint Accounts – Avoid unusual transactions without legal consultation.
  • Consider Legal Agreements – Prenuptial or postnuptial agreements can clearly outline asset division.

Speak With a Divorce Attorney

If you need representation from a property division lawyer in Arizona, contact the Law Office of Hector A. Montoya. Working with an experienced family law attorney ensures your rights are protected, and the process is handled fairly. Schedule a consultation to speak with a lawyer who can help protect your future.

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