When things don’t work between you two, divorce can be the best situation. But before initiating this process, it will be better to have a few things clear in your mind. For instance, you will need to divide the properties and debts you took together. It can be a house, life insurance, or any other asset. Remember, separate property is different from a community or marital property; it is something you inherited during your wedding or bought before marriage. Hence, there will not be any division. Each spouse can keep the assets they earned or acquired before marriage.
What is community property?
Any property that any of you acquire during marriage is an example of community property. When you seek a divorce, you must divide it approximately equally, per Arizona laws. If both parties agree, things happen amicably. Otherwise, the court has to take a call. Business, 401K, IRA, vehicles, and real estate are some examples that may be a part of community property if anyone acquired it during their marriage. But certain situations can make it challenging to resolve the matter quickly. However, the experienced divorce attorneys at Jensen Family Law can help. So, you can seek their guidance on this.
An example where you can feel confused!
Suppose you put your spouse’s name against a property during acquisition. It can be anything, including retirement accounts, bank savings, home, etc. The property belongs to both. They cannot claim it as separate property because it has their names. The court will investigate the background thoroughly to remove any confusion and determine what’s right. You can rest assured that you both will have an equal share even if the bank account has your name, although your partner added funds. In the eyes of the law, you and your spouse are a community. Hence, both get equal rights. Still, professionals can guide you better based on your specific situation. That’s why it’s essential to listen to them.
Separate property matter
Separate property is a factual issue, and the court will judge the case based on the evidence. If the judges find any foul play, they may warn and take strict action against the culprit. One can also face disputes when the other mingles separate property with community property. If you invested your inherited money into this disputed property, the judge might order that you get the amount you paid before equally dividing it. However, this requires transaction details to prove you used personal funds.
Many nuances are there. Most divorce cases go through turbulence due to child custody and property matters. Since you have already faced enough in your marriage, you may not be able to put up with anything more. At the same time, you must make good decisions that will protect your future. So, it’s better to consult family law attorneys and get their opinions. In this emotionally weak time, they can support you with their wisdom and practical suggestions. Plus, most of your difficulties may resolve quickly. Hence, please don’t feel lonely in this battle. Professional lawyers can assist you and make this journey less messy. You can start your new life soon after this.
