Is Arizona a community property state?

Question

Accepted Answer

Yes — Arizona is a community property state.

Under Arizona statute, all property acquired by either spouse during the marriage is the community property of both spouses, subject to specific exceptions . One exception covers property acquired by gift, devise or descent . A second exception covers property acquired after service of a petition for dissolution of marriage, legal separation or annulment, if that petition results in a decree .

Separate property is defined against community property as follows: a spouse's property owned before the marriage remains that spouse's separate property . Property acquired during the marriage by gift, devise or descent — together with the increase, rents, issues and profits of such property — is also separate property . Likewise, property acquired after service of a petition for dissolution, legal separation or annulment is separate property if the petition results in a decree .

How a court divides community property when a marriage ends is a separate topic not covered here.