Community vs. Separate Property in Arizona

By the FigureMyTax Editorial Team · How we calculate

In Arizona, property acquired during the marriage is community property, except gifts, devises, descent and property acquired after service of a petition that ends in a decree. Property owned before the marriage or received by gift or inheritance is separate and is assigned to its owner.

What is community property

Under A.R.S. 25-211(A), all property acquired by either spouse during the marriage is community property, except property acquired by gift, devise or descent and property acquired after service of a petition for dissolution, legal separation or annulment if the petition results in a decree. Service of the petition does not change the status of preexisting community property or of property acquired with community funds.

What is separate property

A spouse’s real and personal property owned before the marriage, or acquired during it by gift, devise or descent, is separate property, and so are its increase, rents, issues and profits (A.R.S. 25-213(A)). Property acquired after service of a petition is also separate if the petition results in a decree (25-213(B)). The court assigns separate property to its owner in the decree.

Debts follow different rules

Separate property is not liable for the other spouse’s separate debts without the owner’s agreement, and community property is liable for a spouse’s premarital debts only to the extent of that spouse’s contribution to the community that would have been separate if single (A.R.S. 25-215). In the division, the court may consider debts related to the property and taxes that would come due (25-318(B)).

Examples of how the rules apply

These illustrate the statute’s wording. Wages earned during the marriage are community property. A house bought before the wedding is separate property, along with its rents. An inheritance received during the marriage is separate. A bank account opened after the petition was served is separate if the petition ends in a decree. Mixing funds can raise classification questions that depend on the evidence, so keep records of where money came from.

Management during the marriage

Each spouse has sole management of his or her separate property. Spouses have equal management of community property, but both must join in transactions involving real property, guaranties or, after service of a petition that results in a decree, anything that binds the community (A.R.S. 25-214).

How to document your separate property

Keep statements from before the wedding, deeds and closing documents with dates, records of gifts or inheritances, and statements tracing money between accounts. Records that show the source of funds are the best evidence that property remained separate and that its increase, rents and profits are separate too.

Where this fits in the calculator

The Arizona property division calculator asks for community assets and debts separately from separate property, because the court assigns separate property to its owner and divides only the community. The house is covered in the marital home and buyouts.

Frequently asked questions

Official sources

• A.R.S. 25-211: community property
• A.R.S. 25-213: separate property
• A.R.S. 25-215: liability for community and separate debts

This is general information, not legal advice. It is based on the cited Arizona statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Arizona attorney.