Property Division Our Mission: Fair & Equitable Results

Scottsdale Property Division Lawyer

The division of marital property in a divorce can lead to enormous conflict and stress. This issue can be especially contentious and challenging where high net-worth or substantial assets have been accrued during the marriage. In cases where a valid prenuptial agreement exists, the court will likely adhere to the agreement. For those without such an agreement, however, a property settlement will need to be negotiated and settled or litigated in court according to Arizona’s community property rule. This rule generally means that property and debt acquired after legal marriage is shared by both parties and thus divided on as equal a basis as possible.

If you are facing this issue in your divorce, representation by a competent and proven divorce attorney can be invaluable. At kdlaw P.C., you can put a Certified Family Law Specialist on your case who has exceptional expertise and experience in this critical and often difficult matter. Our firm is dedicated to providing you with the skilled representation you need in seeking to protect your property rights and best interests in an Arizona divorce.

Ensure your rights are protected with help from a Scottsdale property division attorney at kdlaw P.C. Contact us for a confidential case evaluation at (480) 999-0553or through our onlinerequest form.

Property Division in Arizona Divorce

The first step in this matter is to differentiate marital property from “separate” property. Marital property consists of assets acquired after the wedding takes place. Separate property consists of property owned and titled to a spouse prior to marriage. Separate property can also consist of inheritances in the form of funds or property and gifts given to one spouse only during the marriage. It may also consist of funds that can be traced back to separate property. However, where separate property becomes commingled with marital property during the marriage, it may be considered in part or in whole as marital property by the court.

Marital property consists of all shared assets, including but not limited to:

  • Homes
  • Other real estate
  • Vehicles
  • Bank accounts
  • Investment accounts
  • Retirement accounts

In high-asset divorces, it can include stock and bond portfolios, interests in trusts, valuable art and jewelry, business holdings, and more. Property can also be intangible, such as copyrights, trademarks, cryptocurrency, patents, and more.

Putting a value on marital property can be complicated and require the services of experts such as forensic accountants, appraisers, and more. Our firm has a broad network of financial, valuation, estate planning, real estate, asset protection, and business litigation experts at our disposal to assist you in such cases. In simpler cases, it can be done by agreement and testimony of spouses. The matter of property division can also be impacted by tax consequences.

Protecting Your Assets During Property Division

Dividing property during a divorce can be a complex and emotionally charged process. At kdlaw P.C., our experienced Scottsdale property division lawyers understand the importance of protecting your assets and ensuring a fair division of property.

Here are some key points to consider when it comes to property division:

  • Community Property Laws: Arizona is a community property state, which means that any property acquired during the marriage is generally considered community property and subject to equal division.
  • Asset Evaluation: Our skilled lawyers will work closely with you to evaluate the value of your assets, including real estate, investments, retirement accounts, business interests, and personal property.
  • Marital vs. Separate Property: It's important to distinguish between marital property (acquired during the marriage) and separate property (acquired before the marriage or through inheritance or gift). Separate property is typically not subject to division.
  • Negotiation and Mediation: We can help you negotiate a fair settlement with your spouse or represent you in mediation to find mutually agreeable solutions. Our goal is to protect your interests and achieve the best possible outcome.
  • Litigation: If a fair settlement cannot be reached through negotiation or mediation, our skilled litigators are prepared to advocate for you in court. We have a strong track record of success in property division cases.

At kdlaw P.C., we understand that property division is a significant aspect of your divorce, and we are committed to providing you with personalized legal representation tailored to your unique needs and goals. Contact us today to schedule a consultation with one of our experienced property division lawyers.

How kdlaw P.C. Can Help

Our attorney recognizes that every case is uniquely different, and each matter requires personal attention and exceptional diligence. Our lawyer will evaluate your case, strategize methods best suited for your matter, and collectively choose the path in your best interest. Whether private mediation or arbitration to ensure the utmost discretion or litigation when settlement is unattainable, our Scottsdale marital property attorney has exceptional negotiation, mediation, and litigation skills.

Ready to discuss your property division case? Call our firm at (480) 999-0553or contact us online today.

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