Attorney Katherine Kraus

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in Peoria!!!

Possible challenges of identifying separate property in divorce

On Behalf of | Oct 12, 2023 | Divorce

The process of untangling finances and dividing assets can be one of the most daunting aspects of dissolving a marriage. If you and your spouse decide to part ways, you may have understandable concerns about how this process will unfold and what steps you can take to prepare for what comes next. 

One vital topic to address regarding property division may involve knowing the difference between community and separate property. However, this can prove complex in nature, and there may be a variety of scenarios in which the line between these distinctions can enter a gray area at times. 

Complex factors 

Assets that retain their separate identity might not be subject to property division during a divorce. However, there may be some scenarios in which the path to identifying separate property might not be so clear, such as: 

  • Considerable wealth: While the process of identifying separate property can be complex enough as is, things may be even more challenging when there are considerable assets and wealth involved. 
  • Comingling of assets: Over time, separate assets can also become comingled with marital wealth. Even if this isn’t intentional, it could affect the separate identity of certain assets. 
  • The topic of appreciation: If you own a home prior to marriage, this asset may be separate in nature. However, this might not be true of any increases to the home’s value during your marriage. 
  • Lack of documentation: Things may also grow complex if you do not keep documentation of the state of separate assets prior to marriage, as this information may be integral to verifying your claims. 

While knowing how to differentiate between community and separate property can be complex in nature, it could also be an essential component to preparing to preserve your future interests. 

Evaluating your options 

Going through the end of a marriage may never be easy, and the outcome of your situation could have a lasting impact on your life. Addressing the topic of community versus separate property may be just one example of a vital factor to consider as you navigate a similar change in life. Knowing what to expect from this aspect of the process may prove integral to helping you prepare to create a strategy for what comes next that focuses on what is most important to your Arizona future. 

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