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Arizona is a community property state which means "all property acquired by either the husband or wife during marriage," with some exceptions. Similarly, most debts incurred by either spouse during marriage are the equal responsibility of both spouses, with some exceptions. Complicated, to say the least. That is why, before you agree to any division in marital property, you talk with a skilled Phoenix property division attorney from The Law Firm of Michael J. Shew, Ltd.
A spouse seeking to establish that a particular asset is separate property must prove it through clear and convincing evidence. You need experienced attorney Michael J. Shew on your side. This may involve your Phoenix property division attorney calling in a few experts to help unravel what is personal property and what is community or marital property, including:
- Business valuators: They will appraise a business or professional practice.
- Forensic accountants: They may be required in cases where a party alleges waste or concealment of property (usually money) or where it is necessary to prove that the property is separate or community.
- Real estate agents: Divorce may require the sale of a primary residence or investment property. The Maricopa County Superior Court maintains a roster of court-approved real estate agents who can be appointed to sell real property for the court when the parties are not able to cooperate and sell real property by themselves.
- Real estate appraisers: An appraisal of real property can be required when the parties are not able to agree on the value of real property. It is generally preferable that the parties agree to use one appraiser rather than each party having his or her own real estate appraiser.
- Personal property appraisers: Unique items of personal property such as art, musical instruments, antiques or jewelry may require the use of an expert to provide an opinion regarding the value of the specific item.
Phoenix/Awhatukee Community Property Attorney
Distribution of property for spouses who have been married a long time or who have built up significant assets can be complex. Our high-asset divorce lawyer can help.
Let us be the positive, compassionate and fully focused law firm you need to get you through your family law challenge. With an office in the Ahwatukee Foothills, we serve Phoenix and Maricopa County families with skill and empathy. Contact family law attorney Michael J. Shew online or call toll free at 888-866-8523.
