Arizona is one of a handful of community property states. What this means is that income earned, and assets acquired by a married person while living with his or her spouse is the property of the marriage. Separate property, on the other hand, is any property acquired by either spouse before marriage or after the parties’ date of separation, as well as during the marriage by devise, gift, or bequest. The distinction between marital and separate property is important, because marital property is subject to equal division at divorce under Arizona law.
Some things are obviously marital property, like a paycheck earned and paid during the marriage. Some things are obviously separate, like the teapot one spouse inherited from a deceased great-aunt. But some things dwell in an ambiguous gray area—and gray areas can lead to expensive legal battles. One such area of ambiguity is gifts between spouses.
Protecting Your Interests in a California Divorce
No doubt it seems unromantic to consider the prospect of divorce when you’re giving, or receiving, a gift from your beloved. Few people feel comfortable, in the moments after receiving a present, asking for written confirmation that the gift is really a gift! As a result, if you do end up divorcing, you need a skilled Arizona divorce attorney to advocate for your property rights. To learn more about how Shaffer Family Law experienced family law attorneys can help you, contact Shaffer Family Law online or call (480)-386-5362 today to schedule a consultation.