Schedule of Division of Community Property and Additional Relief: The schedule divides all of the assets, debts and property a couple accumulated during their marriage. It further lists exactly what each spouse will be able to take. This form is available in both Word and Rich Text formats.
Phoenix Arizona Schedule of Division of Community Property and Additional Relief
Category:
State:
Arizona
City:
Phoenix
Control #:
AZ-DR-13-DIV
Format:
Word;
Rich Text
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Description
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FAQ
Under Arizona's community property laws, all assets and debts a couple acquires during marriage belong equally to both spouses. Unlike some community property states, Arizona does not require the division of marital property in divorce to be exactly equal, but it must be fair and will usually be approximately equal.
Upon the death of one spouse, every asset that is community property is divided in half. One half of the property is retained by the surviving spouse and the other half is passed down to the heirs of the deceased spouse, either by will or trust or by intestacy.
Arizona is a 50/50 property law state when it comes to divorce. Community property division must be equitable, but seldom will shares be absolutely equal. In part, this is because the family law judge has considerable discretion over property awards.
Arizona is a community property state, as well. However, the rules in Arizona differ greatly from Washington. An unmarried couple that is splitting up in Arizona has no rights to one another's property. This is something that those who are living with one another will need to understand.
Under Hindu law, a wife gets an equal share of the assets of the deceased husband divided between other Class I heirs, the children and mother. This applies only if the man dies intestate. If there are no children and other claimants, the wife is entitled to the total property.
If someone dies without a will, their estate assets will pass by intestate succession. Intestate succession means that any part of the estate not covered by the decedent's will goes to the decedent's spouse and/or other heirs under Arizona law.
Under Arizona's community property laws, all assets and debts a couple acquires during marriage belong equally to both spouses. Unlike some community property states, Arizona does not require the division of marital property in divorce to be exactly equal, but it must be fair and will usually be approximately equal.
Generally, no. An inheritance remains separate property of the spouse that inherits it. However, it is possible that an inheritance or other separate assets becomes mixed or ?comingled? with community property.
If you are currently cohabitating, you also need to know that Arizona laws allow you to form legally valid and enforceable agreements with your partner even if you are not married. Sometimes called partnership agreements or cohabitation agreements, these documents can protect both of your interests in various ways.
In Arizona, your surviving spouse will automatically inherit your half of the community property if you have no descendants or if you have descendants -- children, grandchildren, or great grandchildren ? resulting only from your relationship with your surviving spouse.