Arizona Community Property Commingling

Arizona along with several other states are considered community property states.

A.R.S. §25-211 states that all property acquired by either husband or wife during the marriage is the community property of the husband and wife.

However, like any rule, there are exceptions.

These include:

1) Property acquired by gift, devise, or descent

2) Property acquired after service of a petitioner for dissolution of marriage, legal separation, or annulment if the petitioner results in a decree of dissolution of marriage, legal separations or annulment

3) Real and personal property that is owned by that spouse before marriage.

Take note however, separate property can morph into community property if you’re not careful.

This is generally referred to as commingling.  The process of commingling can occur in many different ways during marriage and after the service of a petition.

Some examples of how commingling occurs:

-Separate funds are deposited into a joint account with community funds

-Community funds are deposited into a separate account with separate funds

-When community funds and separate funds are combined to make a purchase.

There are many ways separate property can turn into community property during a dissolution.

For assistance with this, contact Enholm Law, PLLC at (602) 889-6273 for a initial consultation and protect yourself and your property.