Buckeye Property Division

Buckeye Property Division

A Buckeye property division attorney can help you to understand your rights and responsibilities when involved in property division during the no-fault divorce process in Maricopa county, Arizona. The Enholm Law, PLLC Buckeye property division attorney assigned to your case will be able to meet with you for a consultation, in Buckeye, to help evaluate the specific issues involved with your case. This includes any premarital agreements entered into between prospective spouses that is made in contemplation of marriage and that is effective on marriage.

One of the first questions I am asked during the initial consultation is what will happen to the property and debt that has been accumulated during the marriage. I always tell my clients that Arizona is a Community Property state. This means that any joint property, as well as any debt, will be divided equally between the spouses. Note that in Arizona that the Superior Court is required, by law, to insure that community property is divided in a fair way. I always caution my clients that “fair” doesn’t always mean “equal”.

Types Of Property

According to the Arizona Revised Statute (ARS) 25-201, property is defined as “an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings“. There are two types of property defined under Arizona law, Community and Separate. Your Buckeye property division attorney can help you to define, for yourself, what is community and what is separate property within the structure of your marriage.

Community Property

Community property, defined under ARS 25-211, includes all assets and property accumulated during the marriage, regardless of what name the property is in. Community property is divided equally between the spouses, as they both have an undivided half interest in the community. Community property, which is marital property, is subject to division in a divorce.

Separate Property

An asset that is separate property is not a part of the marital estate and will not be subject to division in dissolution proceedings. This is covered under ARS 25-213. In extremely simple terms, any asset acquired prior to the marriage should remain separate property at the time of a divorce.

How Property Is Divided

Arizona Superior Court works under the equitable distribution model. Each spouse is considered to contribute something unique to the marriage so an equal split of property and debt is not always considered fair. Courts will handle each case individually and weigh the following factors when determining property distribution:

  • Length of marriage
  • Income and earning power of each spouse
  • Age and health of each spouse
  • Prenuptial agreements
  • Economic and non-economic fault
  • Non-marital property
  • Value of non-income based marital contributions
  • Since every divorce, and every property division case, is special, it is best to contact an experienced Buckeye Property Division Attorney to completely understand your rights and options.

Working with a Buckeye Property Division Attorney

Your first interaction with an Enholm Law, PLLC Buckeye Property Division Attorney will be a consultation. This will help you and your attorney determine a basic plan. You will also outline the important facts and legal issues of your case. Your Attorney and you will then meet to discuss the documents that have been drafted and the evidence that has been compiled. This meeting will be a time were your attorney will be able to advise you on areas of risk and areas of strength.

What to expect from Enholm Law, PLLC

An Enholm Law, PLLC Buckeye Property Division Attorney maintain communication with you. We promise bi-weekly calls and to return your calls within 24 hours. Clear fee structure on either an hourly basis or using a flat fee model will be determined during your initial meeting. You can expect to have a comprehensive plan that both you and your attorney have worked out that can be adjusted as needed as evidence and issues are revealed. You can also expect a high level of competency from our attorneys. Finally, even though our main office is in Phoenix, our attorneys meet with clients in our Buckeye satellite office several times a week so you can schedule meetings in your local area.

To arrange for your consultation, please call (602) 889-6273 and schedule a meeting with an Enholm Law, PLLC Buckeye Property Division Attorney today.