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Commonly Asked Questions about Arizona Property Law Forms

What are the three landforms in Arizona? The three landforms that are found in Arizona are the mountains, plateaus, and deserts. The mountains and plateaus are dominant in the northern, central, and eastern portions of the state. And the deserts occupy the southern, southeastern, and southwestern parts of the state.
Arizona is a community property state, which means that all property acquired by either spouse during the marriage is considered to be jointly owned. Upon a divorce, it will be divided approximately equally.
Specifically, Arizona Revised Statute Section 25-211 provides that all property acquired by either husband or wife during the marriage is the community property of the husband and wife. The only exceptions to that rule are property acquired gift, devise, or descent or earned after service of a divorce petition.
Arizona is a community property state. This means that all property and debts acquired during the marriage will be split evenly if the couple divorces. Property acquired before the marriage, or through gift or inheritance during the marriage, will be considered separate property.
25-213 - Separate property. A. A spouses 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.
The only way to defeat the legal presumption that a conveyance is a gift to the community is to convince the court, by a burden of clear and convincing evidence, that no gift to the community was ever intended.
A Proof of Authority is a statutory based mechanism whereby a foreign personal representative (foreign meaning, the personal representative was granted executorships powers in a State other than Arizona) may petition the Arizona probate court to exercise its foreign powers.
Property acquired prior to marriage is separate and belongs to the spouse who acquired it.