Arizona operates under community property laws regarding the division of assets in divorce proceedings. This means that all property acquired during the marriage is considered jointly owned by both spouses, regardless of whose name is on the title. However, this does not automatically equate to an exact equal split of all assets. Separate property, which is defined as assets owned before the marriage or received during the marriage as a gift or inheritance, remains the sole property of the individual spouse.
The states adherence to community property principles aims to provide a fair and equitable distribution of marital assets upon dissolution. This framework offers clarity and a structured process, which can minimize disputes during divorce proceedings. Understanding this legal foundation is crucial for individuals navigating divorce in Arizona, as it directly impacts the financial outcome. Its historical roots are in Spanish and Mexican law, reflecting the states cultural heritage.