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What does the law dictate in the state of AZ as far as debts and community property in the event of divorce?

Tucson, AZ |

I need to know how everything will be divided. I have paid the mortgage for the past year because spouse has refused to help with payments and has refused to get a job.
Prior to that hwn he was working, we each paid 50% of the mortgage.

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Attorney answers 1


My first question is, have you filed for divorce yet and has he been served with the Petition? Community property is not properly severed until the Petition for Dissolution has been filed and served. You can look to Arizona Revised Statutes sections 25-211 and -213 if you have questions regarding community property.

Once you have filed and served the Petition for Dissolution of Marriage, ARS 25-318 will govern the disposition of property and debts. In general, Arizona requires an "equitable division" of community property. With rare exception, this amounts an equal division of community property, including community debt.

Division of property is very fact-specific and difficult to discuss without full disclosure of all assets and debts. The issue can become very complicated with the introduction of retirement accounts, businesses, real estate, and the use of separate property (property acquired prior to marriage) during the marriage.

Good luck!

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