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.
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:
- Other real estate
- 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.
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.
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