Surprise Property Division Attorney

Surprise Property Division Attorney

A Surprise Property Division Attorney is a legal professional who will protect your rights and represent you when facing the prospect of dividing up property, assets and debts during a divorce that occurs in Maricopa County, Arizona. The Enholm Law, PLLC Surprise Property Division Attorney that you meet with for an initial consultation will help show you the strengths and weaknesses of your side of the case. During your initial session we will go over all existing documents and evidence to include any prenuptial agreements that were made and placed into effect on your marriage.

Next to child support, property division is the most common area of disagreement between couples who are seeking a divorce. Understanding the frame of reference that a community property state such as Arizona has is critical to you formulating a strategy when facing this type of legal battle. In Arizona, community property is joint property, and joint debt, that the couple acquired while married. Arizona follows an equitable and fair sharing model. This does not mean equal and couples rarely find themselves in a 50/50 split situation. There is never any substitute for solid legal advice so call today to arrange your initial consultation with an experienced Surprise Property Division Attorney.

Types Of Property

Arizona Revised Statute (ARS) 25-201 states the definition of property as an interest, legal or equitable, vested or contingent, present or future, in real or personal property. Property will include all income, earnings and tangible items of value. One job of the Surprise Property Division Attorney that will be representing you is to make sure you understand the difference between Community Property and Separate Property as it applies to Arizona law.

Community Property

ARS 25-211 covers the definition of Community Property in Arizona. Community Property does includes all property and assets acquired by the couple during the course of their marriage. Community Property will be split up in an equitable and fair manner between the couple. Arizona common practice is that both individuals in the marriage own an undivided half interest in the community. Property that has been ruled by a judge as being subject to division is called Community Property.

Separate Property

Separate Property is property that is not contained within the marital estate. This property is not subject to division during a divorce in Arizona. ARS 25-213 is the ruling statute that explains exactly what type of property is considered Separate Property. Commonly, any asset that was acquired before the marriage by either party will remain Separate Property as it pertains to the divorce proceedings.

How Property Is Divided

Arizona Superior Court uses an equitable distribution model when ruling on the division of property. Each person is considered to have contributed something unique to the marriage. After considering all of the pertinent factors as it applies to each unique case, an equal split of property and debt is rarely the final outcome. The Enholm Law, PLLC attorneys that represent you will always make sure that your rights, and your best interests, are always in the forefront of their mind. The following items are considered by the court when ruling on property distribution:

  • Non-marital property
  • Length of marriage
  • Economic and non-economic fault
  • Prenuptial agreements
  • Income and earning power of each spouse
  • Age and health of each spouse
  • Value of non-income based marital contributions

Surprise Property Division Attorney – Consultation

During your initial consultation, your Enholm Law, PLLC Surprise Property Division Attorney will review the specific circumstances that you face in relationship to your legal issues. This time is set aside for your Surprise Property Division Attorney to listen to your side and to advise you on the strengths and weaknesses in your legal argument. All of the documents that have been drafted, any evidence that might be involved and the specific legal facts of your case will be discussed. This meeting will be held in your local area to insure that you have the maximum amount of time to focus on your specific situation.

Enholm Law, PLLC – What To Expect

At Enholm Law, PLLC, we take our slogan “we take sides…yours” extremely seriously. When you are facing legal issues of any kind, the additional burden of feeling alone or that you have no one on your side can be stressful on you both emotionally and physically. Knowing that you have someone who will listen, who will follow a defined course of action and who will protect your rights are critical factors in the personal and legal success of your case. Our staff, including your Surprise Property Division Attorney, are trained to work together in a cohesive unit to provide you with the personal and professional legal tools you need. We make the following promises to all of our clients:

  • All meetings can be arranged in Surprise, Arizona, for your convenience.
  • All of our staff undergo ongoing training in their specific fields of endeavor.
  • A high level of competency and skill, to include all statutes and case law, are expected of our team.
  • You will receive a comprehensive, easy to follow, plan that we only deviate from when circumstances change.
  • You will receive bi-weekly status calls to update you on the progress of your case.
  • All of your phone calls or emails will be returned within 24 hours or less.
  • A clear Fee Structure based upon a flat fee model or hourly billing.

Call (602)889-6273 right now to receive your initial consultation with a Surprise Property Division Attorney who is ready to take your side.