Divorce & Annulment

questions & answers

Question: I wanted to know if furniture I already owned before the marrage and furniture that was purchased by my parents can legally go with me during the seperation/divorce?

Answer: Arizona is a Community property statehttp://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00211.htm&Title=25&DocType=ARS. Property that is gained during a marriage is considered community property. However, there are statutes that explain what can be considered separate property. A.R.S. 25-213 http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00213.htm&Title=25&DocType=ARS states that 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. It is important to know what separate property may have become comingled. It can be helpful to trace back the way that specific property was obtained (i.e. before marriage, gift, joint purchase).