The only way to defeat the legal presumption that a conveyance is a gift to the community is to convince the court, by a burden of clear and convincing evidence, that no gift to the community was ever intended.... read more ›
However, the community property presumption in Family Code § 2581 can only be rebutted by (1) a clear statement in the title document that the property is separate property and not community property, or (2) proof that the parties made a written agreement that the property is separate property.... view details ›
Is Inherited Money Community Property In Arizona? Generally, no. An inheritance remains separate property of the spouse that inherits it. However, it is possible that an inheritance or other separate assets becomes mixed or “comingled” with community property.... see more ›
Property acquired prior to marriage is separate and belongs to the spouse who acquired it. Property acquired during marriage is presumed to belong to the community estate except if acquired by inheritance or gift, or by exchange for other separate property.... continue reading ›
Selling Marital Property
This means neither spouse can sell a marital asset during a divorce unless he or she has permission from the court. Most divorcing couples want to know who gets the marital home during a divorce.... continue reading ›
When does separate property become community property in California, and vice versa? California community property law presumes that all property acquired during a marriage is the community property (i.e., co-owned property) of both spouses, subject to several limited exceptions, but what happens when the title on a ...... continue reading ›
Family Code 2640 reimbursements apply when one party uses separate property assets to acquire a community property home. The separate property is reimbursed as a “dollar-for-dollar” payment to the contributing spouse.... read more ›
In a community of property marriage, all assets and liabilities belonging to you and your spouse are merged together into one joint or communal estate, subject to a few exceptions. For instance, if a will stipulates that an inheritance should not form part of the joint estate, then that inheritance must be excluded.... see details ›
In Arizona, your surviving spouse will automatically inherit your half of the community property if you have no descendants or if you have descendants -- children, grandchildren, or great grandchildren – resulting only from your relationship with your surviving spouse.... read more ›
- Take stock of your marital belongings. ...
- Gather all your important personal documents. ...
- Avoid unnecessary spending. ...
- Secure your personal property. ...
- Guard your credit. ...
- Safeguard bank accounts and investments.
Abandonment of the matrimonial domicile for at least a year. Domestic violence or emotional abuse. Spouses lived separately and apart continuously and without reconciliation for at least two years. Spouses lived separately and apart for at least one year after a decree of legal separation.... see more ›
How Long Do You Have to be Married for Spousal Maintenance? Arizona does not have a minimum amount of time that people have to be married to get spousal maintenance (alimony). However, the length of the marriage is one of the factors that judges take into account when making spousal maintenance decisions.... continue reading ›
Social Security is not considered community property. Social security law governs your social security account and it cannot be changed in a divorce decree.... see details ›
The disclaimer deed is a legal document that has legal consequences. Further, the disclaimer deed will clearly state that the spouse signing it is waiving (disclaiming) any interest in the house being purchased.... see details ›
If it is separate property, you may be able to evict your spouse (discussed more below). So long as the home is considered community property, you cannot legally force your spouse out, even if you have started the divorce process. A spouse may only be forced to leave if or when the court gives an order to do this.... see more ›
Adultery is not grounds for divorce in the state.So what are the grounds for divorce in Arizona? The state recognizes two types of divorces: no-fault and fault-based. No-fault divorce means that neither party is responsible for the breakdown of the marriage.... view details ›
The first, the “community property” presumption, creates a rebuttable presumption at both divorce and death that all property acquired by spouses domiciled in California during marriage is community property.... continue reading ›
For property acquired prior to 1975, courts apply the “married woman's presumption”, which stated that any property held in a woman's name alone, including as a joint tenant, was presumed to be her separate property.... view details ›
May I opt out of the community property system? Yes. Parties may opt out of California's community property system by entering into a valid prenuptial agreement. Prenuptial agreements have historically been frowned upon and are often difficult to enforce.... view details ›
If you can't get divorced in another state, you might be able to sidestep California's community property laws if you have a prenuptial or postnuptial agreement. These are private contracts between you and your spouse. A prenup is executed before you get married, while a postnup is done after you've tied the knot.... read more ›