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The issue of Division of Property in case of a Tucson Divorce |
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Tucson Divorce cases fall under the Arizona state divorce law. Though the Arizona divorce law is fairly simple, but complications may arise in a case where the division of property and such other matters become a cause for dispute.
In case of Tucson Divorce, the court has the power to end the marriage, and at the same time, the court reserves the power to divide the assets and liabilities between the spouses as it deems fit. Under the Arizona law, all properties acquired after marriage are known as community properties. It means, that regardless of who purchased the property between the husband and wife, but after marriage the property belongs to both of them.
Owing to this assumption of community property under the Arizona law, in case of a Tucson Divorce the court works on the principle of dividing the properties equitably between the two parties. In the law's view, an equitable division is a fair division, and not necessarily an equal division. Secondly, if one of the parties can prove abnormally high and wasteful expenditures on the part of the other spouse, he or she may be entitled to a bigger compensation at the time of distribution of assets.
Under the Arizona divorce law, misconduct on part of one of the spouses during marriage is not considered as a ground that will influence the division of property. However, abnormally high expenditure of community property, and any form of mutilation, hiding or fraudulent sale of community property will be taken into consideration while making a settlement of property division.
The law has a provision that any property that belongs to one of the spouses from a period prior to marriage, shall continue to belong to only that spouse as a separate property. Similarly, any valuable gifts or inheritances of one of the spouses receiving even after marriage shall be treated as a separate property of that spouse. However, depending upon the situation, the court may place a lien upon a spouse's separate property if the situation requires payments for children's support or spousal support from that spouse.
The condition for separate property is that the spouse who owns that property must have continued to keep that property separate even after marriage. In such case, the separate property is considered valid, and even any income realized from that separate property investment is also considered as a separate property, so far as it is kept as a separate income and not mixed with post-marriage community property.
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