How does the Court distribute property?
Sole and separate property is retained by the owner of the property. Sole and separate property is property obtained prior to the marriage or property that is either a gift or inherited. As to marital property, Arizona is a "community property" state. Any property acquired by either spouse outside of Arizona shall be deemed to be community property if the property would have been community property if acquired within Arizona. Community or marital property (property acquired during the marriage) is divided and awarded equitably. Marital misconduct is not considered in the division. The court may consider excessive or abnormal expenditures of community property; and any destruction, concealment, or fraudulent disposition of community property in making the division. In addition, the court may place a lien upon a spouse's separate property in order to secure payment of child support or spousal support.