Feature Article: How Distinguishing Separate Property from Marital Assets Works in Arizona
Marriage is a beautiful union, full of love and companionship. However, it also involves legal obligations, one of which is community property. Community property laws in Arizona imply that most property and debts obtained during marriage will be evenly shared between spouses. However, some assets, such as inheritances, gifts, and property owned before marriage, are considered separate property and are not subject to division. Navigating the separation of separate and community property can be a complicated process. This feature article provides a comprehensive guide on how distinguishing separate property from marital assets works in Arizona.
Preparing for Distinction
Establishing separate property in Arizona requires ample preparation. It involves understanding what you owned before marriage, what is a gift or inheritance, and thorough documentation. Additionally, keep things distinct. Avoid mixing up separate and community property funds and avoid joint use of separate property items. For instance, keeping separate and community property accounts separate is a great way to facilitate the process of distinction in case of a divorce.
Good Documentation
Documentation is crucial in establishing separate property. When acquiring separate property, ensure that you have enough evidence to prove it if the need arises. Document each transaction for accurate tracking of the asset. This includes bank statements, receipts, and even photographs or videos. It is essential to ensure that your evidence is reliable in case the court requests it.
Commingled Assets
Commingling assets can be a challenge when distinguishing between separate property and marital assets. Commingled assets are funds generated from property purchases with both separate property funds and marital funds. For instance, using separate property funds to purchase a home and later selling the home and using the money acquired to build a new marital home may lead to future obstacles when distinguishing separate and community property. It's best to trace the funds used to purchase the home to declare it separate.
Gifts and Inheritances
Generally, gifts and inheritances acquired before or while married are separate property. However, these assets can become community property if commingled with them. For instance, if you receive an inheritance, and you place the money in a joint bank account with your spouse, it becomes challenging to distinguish them later. Thus, it's wise to consider keeping these assets in separate accounts in your name alone.
Homestead Exemption
Arizona homestead laws provide a set amount of protection from creditors after declaring a principal residence from 100% to a specific dollar amount. As a married couple, only one of you can declare homestead because a home is considered one tenant coupled; hence, only one exemption applies. However, if one spouse's name is on the property's title, the homestead exemption only applies to the spouse whose name appears on the title deed. It is, therefore, important to know who holds the title and the dynamics of the marriage when applying such laws.
Debts and Liabilities
Debt and liabilities incurred before marriage are typically separate property, while debts incurred during marriage are community property. However, it can be challenging to distinguish between separate debt and community debt if both parties used or benefited from the credit lines. Commingling debt can lead to future problems when determining debt division.
Prenuptial Agreements
Prenuptial agreements, popularly known as prenups, are contracts entered into before marriage and indicate how assets will be divided in case of a divorce. Prenups can list separate property assets and leave them to the original owner, even after marriage. It's important to note that prenups can't deprive spouses of their right to equitable distribution. Still, they can be used to distinguish your assets and complement other measures to secure your separate property.
Conclusion
Distinguishing separate property from marital assets is a complex process that requires enough preparation and documentation to ensure that the rightful owner retains their assets and debts. Good record-keeping, prenuptial agreements, and avoiding commingling separate and community property go a long way in facilitating the process and making it clear cut. Should you have any queries about establishing separate property in Arizona, reach out to the legal experts at De Novo Law Firm.
For more information, Visit Arizona's community property laws dictates
