Arizona Community Property Attorney
Let's Discuss Your Case - We're Here For You.
When dealing with a family matter issue, you do not have to go at it alone. Give us a call and we can discuss the entire case during a comprehensive attorney consultation.
Let's Discuss Your Case - We're Here For You.
When dealing with a family matter issue, you do not have to go at it alone. Schedule your comprehensive attorney consultation now and we can discuss the entire case.
Arizona uses a community property system to divide a couple’s assets and debts at the time of divorce. The system is vastly different from the equitable distribution method used by the majority of states. If you are getting divorced, you should seek the advice of a family lawyer who is deeply familiar with Arizona community property rules.
Marital Community Property in Arizona
Arizona is a community property state. That means all assets and debts acquired by either spouse during the marriage are part of the “marital community” and are subject to division, regardless of whose name is on the title. Unless a couple signed a prenuptial or postnuptial agreement that divides property in a different manner, their assets and debts will be divided using community property rules set forth in the Arizona statutes and interpreted by the courts.
Community vs. Separate Property
Characterizing property correctly is an essential and very complex task requiring an experienced attorney. Our legal team will analyze your property to determine whether it belongs to you separately (which means you get to keep it) or it is part of the community (and therefore must be divided).
- Assets and debts acquired by either spouse during the marriage (income earned by each party from his or her employment, and items purchased using that income)
- Pension plan or retirement account
- Appreciation in an owned business’s value during the marriage to which your spouse could have a valid claim.
- Assets acquired by gift or through inheritance during marriage
- Assets you owned prior to your marriage
- If you owned a business before marriage, the business itself remains yours
It is possible for a separate asset to change character during the course of the marriage, ending up as community property by the time of divorce. This is a concept called “transmutation.” For example, if you received an inheritance from a grandparent during your marriage, that would normally be your separate property. So long as it is placed in a bank account in your name and not commingled with monies belonging to the marital community, it would remain your separate property. But, if you put that inheritance into a joint bank account in which community monies are deposited and withdrawn, then over time it may be transmuted and become community property. The process of transmutation is confusing and very technical. You can rely on our firm to make sense of it for you.
Property Acquired While Living in Another State
Arizona is home to many couples who lived and worked in other states before moving here. These couples often own property, such as houses or other real estate, in their former state. For these couples, it is important to realize that Arizona law treats these assets as community property, even if the state in which they were acquired is not a community property state. This concept is known as “quasi-community property.” If you own property in other states, Gary J. Frank will help you sort things out.
Contact an AZ Community Property Attorney
Family Law Client
I had a very legally and emotionally difficult case and was fortunate enough to have Mr. Frank’s legal assistance. Mr. Frank was extremely professional, reliable, and competent. He always kept me informed of my case, and he gave me great legal insights. His litigation expertise and easy disposition allowed me to be comfortable and less stressed considering the situation. Mr. Frank always treated me with respect and valued my input. I felt part of a collaborative effort rather than the usual attorney-client relationship. It was a pleasure working with Mr. Frank, and I would most definitely recommend him to my friends and family.
I would recommend your services to anyone!
I am very satisfied for all you have done for me throughout my divorce and custody cases. You listened to what was important to me and you made it your number-one priority. The safety of my children meant the world to me and you helped me keep them safe. You are excellent in the courtroom. Throughout all of my court cases and different issues with my ex-husband, you helped me stay calm and grounded. I believe in our justice system since I was lucky enough to have an amazing attorney. Mr Gary Frank, you were a godsend in many ways, and every time I look at my children and know they’re safe I thank God for finding such a great attorney. I would recommend your services to anyone! Thank you once again for all your hard work.
I feel re-born!
“I can’t tell you how much I am now enjoying my life. It sounds crazy, but I feel re-born! Of course, I have my days, but they are fewer and fewer. I spend time with family and friends and for the first time in seven plus years, I feel alive and well. I will never be able to thank you enough for all your caring and encouragement throughout this extremely stressful and challenging time in my life. I could not have managed to get through it without your support.”
A Lawyer That Cares
I chose Hannah to represent me because I know she personally invest herself into each and every client. I could tell she really cared and was ready to fight for me. When I called to schedule for a consult, Hanna received the phone call, not some lawyer’s assistant or front desk person. She has gone above and beyond what was asked of her. She knows what she’s doing. Thank you so much Hanna!
I was going through a family court case & did not have a lawyer. I needed help filling out paperwork & knowing what to do in court. Mr. Frank met with me on several occasions & helped with properly filling out all of my paperwork & informing me of the correct way to file it. He gave me his cell phone # & always returned my calls promptly.
Gary was recommended to me by a relative. I was in a long-term abusive marriage and had had enough and was ready to put an end to it. while being “ready” I was scared to death as I was someone with low self-esteem and so afraid of how my Ex would respond. Gary gave me the courage to stand up for myself and helped me work thru my insecurities so that I was able to testify in court and breath. He walked me through all the steps of what we were going to do so that I understood. he was always ready to answer any questions/concerns I had in a timely manner (and I had a lot). I have recommended Gary to several friends going thru a divorce and I will continue to do so. I can’t thank him enough for his help and what he has done for me.
When you need better than the best
It is all about passion. Whether you play baseball, run a bakery, or practice law, you will do it better if you have passion. Hanna has that passion. She helped guide me through my trying times during my divorce and custody case. Her impeccable professionalism, humanity, and understanding as well as being tough enough to get things done were beyond what I could ever hope for. I couldn’t ask for a better attorney than Hanna. She not only cared about me, she also cared about the well-being of my daughter. I would highly recommend her to anyone.
Gary and Hanna are the most amazing and compassionate attorneys in AZ. They go above and beyond and would highly recommend them to anyone! They work with you and actually care about the well being of your children vs. Money (unlike most others). I cannot thank them enough for what they have done for my own family. Angels.
Thanks From A Confident Dad
Gary, I see your LinkedIn posts every now and then and just wanted to send you a quick note. Wow, the last 6 years have been a whirlwind. I just want to thank you again for the support and guidance you provided to me 6 years ago. It has made a monumental difference in my life. My son’s mother and I made the mutual decision to move (out of state) about a year and a half ago. Ironically, we live in the same neighborhood now, we’ve got our parenting plan at about 50% time each, and we walk him to school. We get along, and it honestly can’t be any better. My son is now in 1st grade, and he has a brother who is a year and a half. In the past 6 years, I’ve evolved from the scared, immature, insecure person who sat in your office to a confident father of two boys. Your input and guidance had a lot to do with that, so, thank you. I do miss Arizona – in due time, hopefully, I’ll be back.
Family Law Client
Successful Relocation Case
To say I am grateful would not be giving you guys enough credit. I am humbled to have found you and blessed beyond words.
Family Law Client
I Know In My Heart I Chose The Right Attorneys To Represent Me
I appreciate all of you and all that you have done on my behalf. Most of all, I appreciate all of your moral support and your faith in me and my intentions. I know in my heart that I chose the “Right Attorneys” to represent me. I am happy that I chose wisely and trusted my heart & my ‘gut instinct.’
November 2009 I retained Mr. Frank for almost two years to represent me in a visitation modification filed by my ex-husband. Mr. Frank quickly and efficiently became familiar with my case and was very honest about all the potential results that could occur. I truly feel that Mr. Frank had my children’s best interests in mind…