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Property Division
Lawyer In Flagstaff

Antol & Sherman is a distinguished law firm with decades of experience in divorce and property division.

Our team of skilled attorneys provides clients with invaluable knowledge, legal counsel, and representation to ensure their assets are divided under the laws of the relevant jurisdiction. We believe that each case is unique and requires careful consideration and skillful negotiation to achieve the best outcome.

Call Today for a Free Consultation

(928) 214-6339

Northern Arizona Property Division Lawyers Who Are Prepared To Fight For

Your Best Interests

Divorce proceedings can be an incredibly difficult time for couples, regardless of the reason for the dissolution. It is a situation that requires patience and knowledge to ensure everyone involved gets their fair share of the marital property.

The dividing of assets is often one of the most contested areas in a divorce. Property division includes everything from homes and investments to car payments and credit card debt. A qualified defense attorney can help guide couples through this process and ensure that everyone’s interests are protected.

At Antol & Sherman, we believe that no two cases are alike and strive to approach every case with its own set of unique circumstances in mind. We take on each case with experience, professionalism, empathy, and understanding so that our clients receive the best possible outcome for their situation. Whether you need assistance in negotiating or litigating your property division case, our experienced attorneys are here to help you through this challenging time.

Property Division Lawyers Who Are Prepared To Fight For

Your Best Interests

Divorce proceedings can be an incredibly difficult time for couples, regardless of the reason for the dissolution. It is a situation that requires patience and knowledge to ensure everyone involved gets their fair share of the marital property.

The dividing of assets is often one of the most contested areas in a divorce. Property division includes everything from homes and investments to car payments and credit card debt. A qualified defense attorney can help guide couples through this process and ensure that everyone’s interests are protected.

At Antol & Sherman, we believe that no two cases are alike and strive to approach every case with its own set of unique circumstances in mind. We take on each case with experience, professionalism, empathy, and understanding so that our clients receive the best possible outcome for their situation. Whether you need assistance in negotiating or litigating your property division case, our experienced attorneys are here to help you through this challenging time.

Specifics Of Arizona Property Division Laws

If you are faced with a divorce you may be wondering, is Arizona a community property state? This is a very important question and one that everyone thinking about getting divorced in Arizona should consider. In Arizona, all assets and debts obtained during a marriage are regarded as community property, divided equitably between spouses. This usually takes the form of a 50/50 split of all marital property. However, the court has the discretion to deviate from this principle if it would be unfair to do otherwise. Both spouses also maintain their separate property – those items they acquired before marriage or received as gifts or inheritance – which is not subject to division in divorce. Additional factors such as each spouse’s relative financial contributions and future earning potential may also influence how property is divided upon divorce.

What Happens To Property in Divorce

In Arizona, the process of property division starts with both spouses taking inventory of their assets and debts. This includes all items that each spouse owns, and has a legal or equitable interest in. This can be anything from bank accounts and vehicles to recreational items and patio furniture. These items must then be classified as either separate property or community property. After that comes the valuation of the assets; what is the community property worth and what is its fair market value? Lastly comes the division of the community assets and debts. This is a two-step process where the court will first award each spouse his or her separate property before dividing up the community estate equitably between them.

At a trial, both parties can expect to provide detailed documentation including marital asset lists, financial information about their incomes and expenses, as well as evidence that shows how much is owed to creditors. Each side may also need to submit calculations regarding their respective contributions to both separate and community property during the marriage. The court may also take into consideration any retirement plans held by either party when assessing how much each spouse should receive from the divorce settlement.

Classification Of Property

When it comes to identifying different classifications of property, there are three main categories to keep in mind. All of your assets will be classified as community property, separate property, co-mingled property, or debts under Arizona divorce law.

Community Property

In Arizona divorce proceedings, community property is defined as all property that was acquired between legally married spouses while living in a community property state. As long as the item was purchased or acquired while the couple was legally married and living together in a community property state, it is deemed to be part of their shared marital estate.

Separate Property

Separate property generally includes any asset owned before marriage or received during the marriage by gift, devise, or descent. Moreover, any increased value, rents, issues, and profits on a separate property will also remain separate from the marital estate as long as such income is not co-mingled with community property.

Co-Mingled Property

Co-mingled property is counted as any assets or financial resources that were formerly separate property but whose status has been changed during the marriage. This could include assets that one spouse gifted to the marriage, assets that were converted from one form to another (such as converting separate bank accounts into a joint account), or assets which have been combined in such a way that their character as separate property has been lost.

Debts

Debts include any outstanding payments or liabilities such as credit card debt, loan debt, medical bills, mortgages, car loans, taxes, and more. All of these debts must be taken into account when determining the division of assets and property in a divorce. Generally, all debts that were taken on before the marriage will remain as separate property.

Determining Property Value

When assigning a monetary value to assets and debts, an individual or court must first make an approximate estimate of the value of each piece of property. Appraisals from licensed professionals can help assess the value of the real estate, antiques, and artwork. Retirement assets can be particularly difficult to evaluate and may require the assistance of an actuary, C.P.A., or other financial experts due to their complexity. To properly assign a monetary value to these accounts, the expert would need to review statements, account balances, and investments made to project future income levels associated with them to assign a fair market value. In addition, if a couple is unable to agree on how much each asset or debt is worth, they may have no choice but to turn it over to the court for them to make an impartial decision based on the evidence presented by both parties.

Arizona Property Settlement Agreements

Couples have many options for dividing property in a divorce. They may be able to reach an amicable agreement with the help of a mediator or lawyer. This option allows couples to remain in control of the process and create their unique solution that is tailored to their individual needs. Such as the co-ownership of property such as a family home until children are out of school or keeping investment property in hopes that it will increase in value.

Having an experienced attorney’s guidance throughout this process is invaluable. An attorney can provide valuable insight into potential obstacles and issues that couples may not be aware of when coming up with their plans for asset division. Having their assistance during negotiations can also ensure that both parties come away with a fair and equitable agreement, one which will protect them both financially in the future.


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Free Initial Consultation

Antol & Sherman provides a free initial consultation to those faced with divorce. Our experienced and knowledgeable property division attorneys will review your case and provide you with reliable legal advice. With more than 60 years of experience in family law, our team knows the ins and outs of az divorce laws, so you can trust us to make sure that you get the best representation for your case.

Experienced Trial Attorneys in

FLAGSTAFF

The law firm of Antol & Sherman, PC is located in Flagstaff, Arizona. Our lawyers represent people throughout Northern Arizona in a variety of legal matters including: 

•  Criminal Defense, including DUI, drug
charges, violent crimes & serious felonies

•  Family Law, including Child Custody,
Adoptions & Divorce

•  DUIs – All types from first offense to
aggravated & felony DUI

Experienced Trial Attorneys in
Flagstaff

The law firm of Antol & Sherman, PC is located in Flagstaff, Arizona. Our lawyers represent people throughout Northern Arizona in a variety of legal matters including: 

•  Criminal Defense, including DUI, drug charges, violent crimes
& serious felonies

•  Family Law, including Child Custody, Adoptions & Divorce

•  DUIs – All types from first offense to aggravated & felony DUI

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