Property and Debt Division Divorce Attorney
One primary concern for divorcing couples is how assets and property will be divided at the time of divorce. Arizona is a community property state, meaning that everything that is acquired during the marriage will presumptively be divided equally at the time of divorce. While there are some exceptions, it is important to ensure that your property is properly characterized so that you can protect your interests. At the Law Offices of Scott David Stewart, we are experienced in helping our clients protect their property interests at the time of divorce.
Call 928-252-3996 to schedule an appointment with an experienced family law attorney or contact us by e-mail. We are committed to protecting your property and investments at the time of divorce.
Our attorneys will take the time to understand your individual concerns and interests at the time of property division. Whether you are interested in keeping your home, protecting a family heirloom, or ensuring your financial security at the time of divorce, we know how to protect your rights. Attorneys from our firm have extensive experience in complex property division, including multi-million dollar asset division on behalf of our clients.
Because Arizona is a community property state, the general objective is an equitable distribution of marital property. In theory, any asset either spouse acquires during the marriage belongs to a fictitious entity called the marital community. Similarly, debts incurred during the marriage are community obligations. Because divorce terminates the existence of the marital community, it's essential to direct each asset and debt to one spouse or the other.
We are experienced in division of marital property, including:
- Savings and investments
- Stocks and bonds
- Retirement accounts and pensions
- Tax consequences
- Real estate, including homestead and vacation homes
- Inheritance and gifts
- Business assets
- Debts
Protecting Your Rights to Marital Property in Northern Arizona
The primary role of your attorney is gathering documentation for assets, bank accounts and property. We will determine ownership, collect necessary paperwork and create a spreadsheet to document what is yours and what is shared. We will also identify hidden assets to ensure that you collect the property and assets you are entitled to. Whether or not you can expect your spouse to cooperate with you on property division issues, you can count on us for sound advice, prompt client service and energetic advocacy in both simple and complex cases.
Not all assets or debts are easy to characterize as belonging to the marital community. Assets owned before marriage are treated as separate property, but sometimes morph over time.
- How about business assets that were acquired before marriage but appreciated in value afterward?
- What about payments one spouse made for years on the other spouse's premarital student debts?
- Or mortgage payments made by both spouses on a house bought by one of them before the wedding?
We work closely with our clients to help them divide the assets and liabilities of the marriage, including homes and other real estate, bank accounts and investments, retirement or pension funds, and business or partnership assets. Our attorneys are thoroughly familiar with Arizona's community property laws, and we can work to make certain that any assets you brought into the marriage are protected. We will also carefully review any debts of the marriage, such as credit cards or mortgages, to make sure that they are fairly distributed.
For more information please call 928-252-3996 or contact us by e-mail to arrange an initial consultation or case evaluation. Our lawyers are dedicated to providing experienced comprehensive legal service to clients in Flagstaff and throughout Northern Arizona.