Mesa Division of Property Lawyer
Dividing assets is one of the most essential aspects of any divorce case. Court orders regarding assets are usually permanent and may have a big impact on your finances, so it is best to retain legal counsel before entering litigation.
A Mesa division of assets lawyer could help you protect your personal property during divorce litigation with your former spouse. An experienced divorce attorney from our team could also explain the rules and laws that govern asset division and advocate for your ownership over any marital property you may be entitled to.
Allocating Property in a Divorce or Separation
The Mesa family court located at 222 N Javeina Dr must follow community property rules outlined in Arizona Revised Statute §25-318 and typically award both spouses with 50 percent ownership of any assets acquired during their marriage.
However, a judge will likely award separate property to the spouse who acquired it. Separate property is owned by one party before their marriage or assets they obtain through inheritance. A Mesa property division attorney could evaluate your marital estate and help you determine which property belongs to you and which you should litigate.
A local judge may not necessarily award both spouses half of their marital assets. The practicality of dividing assets may impact a judge’s decision when allocating property. For instance, requiring divorced spouses to share ownership of a piece of real estate may not be reasonable or even doable. Any debts or taxes associated with an asset could also impact property division orders.
State law also allows Mesa courts to consider actual damages caused by:
- Family violence or domestic abuse
- A spouse’s excessive or abnormal spending
- Destruction, concealment, or fraudulent disposal of marital property
Additionally, parties must follow certain court procedures when disclosing debts and assets during their divorce. The discovery process helps prevent hidden expenses or unfair advantages in the dissolution of a marriage. Failure to follow these rules may result in penalties for either party.
Court Ordered Liens on Property to Secure Payments
Divorcing couples should be aware of the court’s ability to place liens on both separate and marital property. Doing so helps ensure the payment of various obligations such as:
- The opposing party’s interest or equity in a property
- Marital debts
- Child support
- Spousal maintenance
A property division lawyer in Mesa could offer professional legal advice about whether your divorce is likely to involve a lien.
Speak with a Mesa Division of Assets Attorney Today
Community property laws can be confusing, and property division may not be as simple as you might expect. Special circumstances or marital debts can complicate a fair distribution of assets. Your spouse and their legal representative may push for an inequitable distribution of property, but the attorneys from our Mesa location at Dana Park could advocate for your interests.
A Mesa division of property lawyer could help you reach a fair property award. Guidance from qualified legal counsel may help you plan and secure a favorable outcome, so call our firm today to get started.