Divorce can bring uncertainty about what will happen to the things you hold dear—whether it’s the family heirloom your grandmother left you or the savings you worked hard to build before marriage. These assets are considered separate property, and they deserve to stay with you. However, it’s easy for the lines to blur during the division process. Cohen Family Law can help you clarify and protect your separate assets.
What Is Separate Property?
In Arizona, the distinction between separate and community property is essential during a divorce. Separate property refers to assets owned by one spouse individually, typically including anything you owned before marriage, inheritances, gifts given specifically to you, and portions of certain personal injury settlements. These assets are generally not divided in a divorce.
However, complications arise when separate property becomes commingled with community property—assets acquired during the marriage that are owned jointly by both spouses. For example, if you add your spouse’s name to the deed of a house you owned before the marriage, the property could be considered community property and subject to division. To protect your individual assets, it’s important to clearly identify and maintain them as separate throughout the marriage. Understanding these distinctions helps ensure that what is yours remains protected in a divorce.
How to Protect Separate Property
Protecting your separate property during a marriage and divorce is essential to ensure it remains separate. Here are some practical steps to help safeguard these assets:
- Keep Assets in Separate Accounts: Maintain individual bank or investment accounts for any property acquired before marriage or received as a gift or inheritance.
- Avoid Commingling: Do not mix separate assets with marital funds, such as depositing inherited money into a joint account or using it for shared expenses.
- Document Everything: Keep detailed records of the origin and use of separate property to prove its status during divorce proceedings.
- Consider Legal Agreements: A prenuptial or postnuptial agreement can clearly outline which assets are to remain separate, providing additional protection.
Challenges in Distinguishing Separate Property
Distinguishing separate property from marital property can be challenging, especially when assets have been commingled or used for joint purposes. For example, if you deposit an inheritance into a joint bank account or use it to pay for marital expenses, it could be considered community property during a divorce. Additionally, improvements or contributions made to separate property by the other spouse may complicate its classification. These situations require careful documentation and legal knowledge to untangle. At Cohen Family Law, our team will help you navigate these complexities to protect your rightful assets.
The Role of the Court in Separate Property Disputes
In separate property disputes, Arizona courts determine the rightful ownership of assets. The court examines evidence such as documentation and the intent behind the use of property to decide whether it remains separate or has become part of the marital estate. If there is a dispute, the burden of proof lies with the spouse claiming an asset as separate property, making it essential to maintain clear records and seek legal guidance. The court’s decision can significantly impact the division of assets in a divorce.
Contact an Experienced Phoenix Property Division Attorney
At Cohen Family Law, we understand the complexities of distinguishing and protecting separate property during a divorce. We can guide you through the process, ensuring your assets are preserved. Reach out to us today for personalized legal advice, and let us help secure what’s rightfully yours.
