{"id":371567,"date":"2016-03-31T21:34:22","date_gmt":"2016-04-01T02:34:22","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/arizona-law\/arizona-marital-property-laws.html"},"modified":"2024-06-04T13:06:29","modified_gmt":"2024-06-04T18:06:29","slug":"arizona-marital-property-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/arizona-law\/arizona-marital-property-laws.html","title":{"rendered":"Arizona Marital Property Laws"},"content":{"rendered":"\n
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Arizona Marital Property Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Susan Buckner, J.D.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Arizona is one of nine community property states. In Arizona, all property acquired during marriage becomes marital property<\/a>. All other states follow equitable division rules for marital assets. Community property laws in Arizona become important during a divorce and on the death of one of the spouses.<\/p>\r\n

If one spouse dies without a will (intestate<\/b><\/a>), the surviving spouse inherits 50% of all community assets. Arizona law<\/a> makes it impossible to disinherit a spouse even with a will. Unless the couple has a prenuptial agreement specifically denying a surviving spouse all assets after death, the survivor receives at least some of the community funds.<\/p>\r\n

Community Property vs. Separate Property<\/b><\/h2>\r\n

The two categories of state marital property laws<\/a> are community property<\/a> and equitable division. In a community property state like Arizona, everything acquired during the marriage is considered community property unless the couple excludes an item from the marital estate. During a divorce, courts split the estate’s value 50\/50 between the couple as closely as possible.<\/p>\r\n

In equitable distribution<\/a> states, judges base the division of property on the needs of each person, their contribution to the marriage, and other factors. Although an equal distribution is ideal, this may not always happen in an equitable distribution.<\/p>\r\n

Separate property<\/b> is anything that belonged to the individuals before the marriage and anything acquired during the marriage that is:<\/p>\r\n