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A.R.S. 25-213

Separate property

A. A spouse's real and personal property that is owned by that spouse before marriage and that is acquired by that spouse during the marriage by gift, devise or descent, and the increase, rents, issues and profits of that property, is the separate property of that spouse.

B. Property that is acquired by a spouse after service of a petition for dissolution of marriage, legal separation or annulment is also the separate property of that spouse if the petition results in a decree of dissolution of marriage, legal separation or annulment.

C. Notwithstanding subsection B of this section and section 25-214, subsection C, a mortgage or deed of trust executed by a spouse who acquires the real property encumbered by that mortgage or deed of trust after service of a petition for dissolution of marriage, legal separation or annulment shall be enforceable against the real property if the petition does not result in a decree of dissolution of marriage, legal separation or annulment.

Explanation: This is Arizona's separate property ("SP") statute. Any property that you acquired before marriage is your separate property. Also if there was any interest on your separate property during marriage (for example - rent on a SP home), normally that is SP. Also any gifts you receive or any property you receive by will or descent from someone are considered your separate property. Finally any property that you obtain after a divorce petition is your SP, IF the petition results in divorce.

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A.R.S. 25-214

Management and control

A. Each spouse has the sole management, control and disposition rights of each spouse's separate property.

B. The spouses have equal management, control and disposition rights over their community property and have equal power to bind the community.

C. Either spouse separately may acquire, manage, control or dispose of community property or bind the community, except that joinder of both spouses is required in any of the following cases:

1. Any transaction for the acquisition, disposition or encumbrance of an interest in real property other than an unpatented mining claim or a lease of less than one year.

2. Any transaction of guaranty, indemnity or suretyship.

3. To bind the community, irrespective of any person's intent with respect to that binder, after service of a petition for dissolution of marriage, legal separation or annulment if the petition results in a decree of dissolution of marriage, legal separation or annulment.

Explanation: You have complete control over your SP during marriage, and can dispose of it how you choose. You and your spouse also both control the community property ("CP") and each can dispose how desired. Recognize, however, that during a divorce proceeding a court will analyze your disposition of CP if it was done very unfairly. There are certain situations, such as buying a home, that require approval of both spouses to implicate the CP.

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A.R.S. 25-215

Liability of community property and separate property for community and separate debts

A. The separate property of a spouse shall not be liable for the separate debts or obligations of the other spouse, absent agreement of the property owner to the contrary.

B. The community property is liable for the premarital separate debts or other liabilities of a spouse, incurred after September 1, 1973 but only to the extent of the value of that spouse's contribution to the community property which would have been such spouse's separate property if single.

C. The community property is liable for a spouse's debts incurred outside of this state during the marriage which would have been community debts if incurred in this state.

D. Except as prohibited in section 25-214, either spouse may contract debts and otherwise act for the benefit of the community. In an action on such a debt or obligation the spouses shall be sued jointly and the debt or obligation shall be satisfied: first, from the community property, and second, from the separate property of the spouse contracting the debt or obligation.

Explanation: If your spouse's SP has debts against it, the creditors cannot reach your SP. CP can be reached by a creditor, who holds debt on either spouse's SP, however it is only the portion that the debtor spouse would add to the CP. If the debt from another state is considered CP here, it will be a "community obligation". Any spouse can take out debt to benefit the community, however a creditor must sue both spouses. If you did not take out the debt, your SP will not be reached.

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A.R.S. 25-301

Grounds

Superior courts may dissolve a marriage, and may adjudge a marriage to be null and void when the cause alleged constitutes an impediment rendering the marriage void.

Explanation: This statute is providing the basic authority of the Arizona trial courts (called superior courts) to enact a divorce. The superior court can void a marriage if there is an "impediment". Impediment is probably a term of art in the law, and is likely determined by the court or case law. Usually there is some cause (reason) alleged by either spouse to obtain a divorce.

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