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Chandler property division lawyer

Handling property division issues for families in Phoenix Valley communities such as Gilbert, Mesa, Ahwatukee, and Sun Lakes

One of the most important yet often mishandled issues in a divorce or legal separation is the division of property and debt. Because Arizona is a community property state, many divorcing or separating couples find that the rules for dividing their assets and debt are different than expected. A simple mistake can cost you thousands of dollars, so hiring a Chandler property division lawyer to review your matter and guide you is always a wise investment.

Definition of property division

Just like it sounds, property division is dividing or separating property between two people. In family law, this generally arises when spouses divorce or legally separate, or unmarried partners go their separate ways. Regardless, it is something that deserves much thought and attention. You need to be sure you don’t relinquish something valuable and that you are willing to give up things that aren’t as important to you but can be powerful bargaining chips.

Property can take many forms. It can be real property, such as a house, commercial building, or land. It can be personal property, such as furniture or clothing. It can be titled property, which is a type of personal property that carries a title, such as a car or boat. Or it can be an intangible asset, such as an interest in a family business. You can’t split these things, so it is important to properly decide who should get them. It is also important to consider the tax implications of how the property is split, something many divorcing couples and even some attorneys overlook.

Community versus sole and separate property

Arizona recognizes a marital property legal framework known as community property. Essentially, community property means that what’s yours is mine and what’s mine is yours—that is, 100 percent indivisible—during an intact marriage, which is defined as the period after the wedding and before the couple separates or a spouse files for divorce. The basic idea is that everything should be shared for the good of the whole.

The exception to this is sole and separate property, which rightfully belongs to only one spouse or the other, not both. It can consist of anything acquired by only one person before the marriage, after a divorce or legal separation filing, or during the marriage through inheritance, gift, or separate earnings. It stays separate throughout the marriage as long as it is kept apart from and not commingled with community property, such as by depositing it into a joint checking account.

In a divorce or legal separation, community property is split 50/50 between both spouses, unless agreed otherwise in the divorce decree. Sole and separate property normally goes to the spouse to whom it belongs. Sometimes there are gray areas in determining which property is part of the marital community and which is sole and separate. So it is important to have an experienced Arizona property division review your situation and help you get what is legally yours.

Challenges of property division

Even if the couple parts ways amicably, sometimes there is no easy way to evenly distribute the property. For example, most people have only one house. In today’s real estate market, the house may be underwater, meaning the couple owes more on the mortgage than what the house is worth. So which spouse is awarded, or sometimes burdened by, the former marital residence is a difficult but important decision.

Also, it used to be that the mother almost always would be awarded sole, or at least primary, physical custody of the kids. As a result, she generally would also be awarded the house so the kids would not have to move. They could keep going to the same school, hang out with the same friends, and sleep in the same beds. These days, the father is nearly as likely as the mother to be awarded primary custody. He is also more likely to be awarded the house because men tend to be better able to afford it. (Despite great strides toward pay equality, women still earn less than men—only about 77 cents on the male dollar, according to one study.)

Don’t fight over the toaster

Many divorcing couples make an extensive list of every appliance, piece of furniture, photograph, and book that was in the household they shared. It’s better not to sweat the small stuff. As any divorce lawyer can tell you, perfectly rational people can get downright petty about the smallest, least important items during a divorce. They may fight tooth and nail over who gets the blender that made all those fabulous margaritas for pool parties, or who gets the Fiesta salt-and-pepper shaker set that Uncle Harry gave them as a wedding gift.

If a belonging is not something you have some great sentimental attachment to, need for everyday living but cannot easily replace, or can sell for a lot of money and use the proceeds as an offset against property awarded to your spouse, don’t bother with it. Fighting for it is not worth the cost in either attorneys’ fees or emotional energy. Let it go. Really, let it go.

Division of debts

Just as property is split during a divorce or separation, so are debts. As with asset division, if the parties cannot agree on how to divide their debts, the judge decides for them.

The court first reviews whose name is associated with the debt, such as a credit card for which one spouse is the account owner and the other is merely a signatory, that is, someone who is issued a second card and can sign for purchases. However, if the secondary signatory is the one who runs up the vast majority of the charges on the account, that person may be “awarded” the debt and ordered to pay off the entire balance. Or the court may decide it was used for the mutual benefit of the marital community (both spouses or the entire household) and order each spouse to pay 50 percent of the outstanding balance as of a specific date, typically the filing date or date the divorce is final.

One important piece of advice: Don’t try to get out of your shared responsibility for community debts by removing your name from or closing a joint account after the filing. The judge won’t be happy with you, and you can expect your outcome to suffer accordingly.

What people are saying about Joan Bundy Law…

Having you for a lawyer was the best thing I did…

Oh my goodness! I have been at this for months! I can’t thank you enough for helping me through it! You made all the difference. Thank you again Joan! Having you for a lawyer was the best thing I did in this whole thing.

— E.H. | Post-decree matter

E.H.

…I really appreciate all of the help you gave me!

Thank you…for all of your help with this case, as well as being so patient with the other party and their lawyer. I really appreciate all of the help you gave me!

— C.R. | Animal law matter

CR

Thank you Joan…

Thank you Joan for your legal advice and your good listening ear.

— P. S. | Animal law matter

PS

…I feel like I’m on cloud nine!…

OMG…I am still soooooooo happy, I feel like I am on cloud nine!! Thank You, Thank You, Thank You again…I don’t feel like I can say it enough!

— E.B. | Child visitation and support matter

EB

…I feel like I’m on cloud nine!…

OMG…I am still soooooooo happy, I feel like I am on cloud nine!! Thank You, Thank You, Thank You again…I don’t feel like I can say it enough!

— E.B. | Child visitation and support matter

EB

…I’d be lost without you…

I greatly appreciate all your help and knowledge, I’d be lost without you in all this and you made me feel at ease and calm. It was great getting to know you. Thanks again!

— M. F. | Child custody matter

MF

…I can’t express our gratitude and appreciation enough!…

[We] want to thank you for all your help with this!! … I can’t express our gratitude and appreciation enough! I couldn’t have done it without you! We will be in touch!

— T. S. | Parental termination matter

TS

…Yes, we did triumph…

Thank you, Joan, for everything….Yes, we did triumph. I hope that [father] could see that I truly am moving forward for the kids’ sake.

— A. A. | Child custody matter

AA

…I was so glad to have you represent me.

Thank you for all of your help and noticing the refund. … I was so glad to have you represent me.

— S. S. | Divorce/relocation matter

SS

…Thank you for being an advocate for animals.

I need to remember that there are good people out there like you! Thank you for being an advocate for animals.

— M.V. | Animal law matter

MV

Thank you so much…

Thank you so much for your boost and help!

— M. S. | Divorce matter

MS

We would like to thank you for everything…

We would like to thank you for everything. We will be in touch.

— J.R | Child custody/Support matter

JR

…I appreciate your help!

I can’t even begin to tell you how much I appreciate your help!

— M. S. | Divorce matter

MS

…thank you for helping me…

This is a scary place to be and thank you for helping me to navigate through it.

— D. .M. | Divorce matter

DM

…YOU ROCK!

Thanks Joan as I have stated before…YOU ROCK!

— D. .M. | Divorce matter

DM

…you have been a good listener.

Thank you so much.  You have helped me so much with good legal advice and beyond that, and more important, you have been a good listener.

— R.P. | Legal separation/Divorce matter

RP

…I highly recommend [Joan] for all your personal legal needs.

Joan is a great person, with compassion, and knowledge to help you through troublesome times. She realized that I had particular problems in my divorce, and helped me with timeliness and professionalism that a quality attorney gives to her client. She listens well and represents honesty. I highly recommend her for all your personal legal needs.

— J. S. | Legal separation/Divorce matter

JS

…I would highly recommend Joan to anyone who wants someone with intelligence and integrity to represent them.

Joan helped me through a very long and difficult process, trying to collect on a settlement. She put a lot of time and effort into my case and never gave up. As a result, I finally see the light at the end of the tunnel and can take a deep breath! I would highly recommend Joan to anyone who wants someone with intelligence and integrity to represent them.

— C. W. | Post-decree matter

CW

…I really felt like she cared.

I hired Joan to handle my divorce. Although the process itself was difficult, Joan made it much easier. She handled my case with compassion and professionalism. She gave me a clear and accurate fee schedule so I knew exactly how much I could expect to pay. She was always available to answer any of my questions or concerns. I really felt like she cared.

— S.P. | Divorce matter

SP

I was very impressed with the legal services that Joan provided…

I was very impressed with the legal services that Joan provided and she was able to assist in me getting my overpaid alimony money back.

— S.H. | Post-decree matter

SH

…I am so glad I hired Joan for my issues.

I initially talked with another firm (a large family practice here in Phoenix) and I just did not get the warm and fuzzy feeling that they were going to do everything I required. Joan certainly did and I am so glad I hired Joan for my issues.

— S.H. | Post-decree matter

SH

…I recommend her highly.

Joan is a very intelligent and professional attorney that listens carefully and offers very sound advice. I recommend her highly.

— L. N. | Initial consultation

LN

…Words cannot express what peace having you involved gives us.

Thank you for all your help thus far. Words cannot express what peace having you involved gives us.

— K, S. | Guardianship matter

KS

When I couldn’t even get a call back from ANY attorney with my problem, Joan called me back.

When I couldn’t even get a call back from ANY attorney with my problem, Joan called me back.

— C.R. | Animal law matter

CR

…[Joan] continued to assist me and give me courage to my favorable conclusion.

Even though she felt I could handle my situation without an attorney, she continued to assist me and give me courage to my favorable conclusion.

— C.R. | Animal law matter

CR

…Joan handled it with utmost confidence and professionalism.

Despite my case being VERY complicated, Joan handled it with utmost confidence and professionalism.

— T.D. | Same-sex matter

TD

…[Joan] responded to me in less then 24 hours…

When I found myself in the unthinkable with the end of my 16 year marriage upon me, I reached out to Joan.  She responded to me in less then 24 hours and helped put me at ease in reference to his threats.

— M. F. | Divorce/Pet custody matter

MF

…[Joan] can only be described as compassionate and competent in her handling of my case.

From the moment I began working with Joan, she can only be described as compassionate and competent in her handling of my case.

— M. F. | Divorce/Pet custody matter

MF

Joan was very motivated, organized, responsive, and thorough in communication.

Joan was very motivated, organized, responsive, and thorough in communication.

— B. F. | Same-sex matter

BF

She is very supportive of families of all make-ups…

She is very supportive of families of all make-ups and understands Arizona laws surrounding married, unmarried, and LGBT families.

— B. F. | Same-sex matter

BF

…If you are looking for a kind and trustworthy attorney, hire Joan Bundy.

[E]very email and phone call I made, was returned personally by Joan within 24 hours. If you are looking for a kind and trustworthy attorney, hire Joan Bundy.

— W. S. | Legal separation matter

WS

…Ms. Bundy is stellar compared to what we have dealt with in the past.

Communication via email, phone or otherwise is immediately addressed, and, quite frankly, after utilizing the services of another similar attorney, Ms. Bundy is stellar compared to what we have dealt with in the past.

— K.R. | Post-nuptial matter

KR

…Ms. Bundy had our best interests at heart.

The communications process was smooth and efficient, professional and left us in no doubt whatsoever Ms. Bundy had our best interests at heart.  She is a very caring, understanding and compassionate attorney – a true rare breed in today’s world!

— K.R. | Post-nuptial matter

KR

I found her to be competent, professional and assertive…

I found her to be competent, professional and assertive when she needed to be. I would highly recommend her if you are looking for an attorney.

— C.W. | Post-decree matter

CW

…I would definitely recommend Ms. Bundy as a divorce attorney.

She was aggressive, but appropriate, in her dealings with my ex-husband, for which I was grateful.  Additionally, she was very ethical in her billing practices.  I would definitely recommend Ms. Bundy as a divorce attorney.

— K.H. | Divorce matter

KH

…In the courtroom Joan was assertive, took action, and was effective.

Ms. Bundy displayed a genuine concern for the outcome of my case and put heart and soul into every action.  In the courtroom Joan was assertive, took action, and was effective.

— L. S. | Child custody matter

LS

…Joan was always professional, timely and compassionate…

As a single parent of four children navigating a complicated history of court filings, proceeding, evaluations etc… I needed someone knowledgeable and sensitive to the nature of not just the case but the family behind it. Joan was always professional, timely and compassionate concerning my families wants, needs, financial situation, and overall desired outcome.

— L.S. | Child custody matter

LS

…Thank you, Joan, for helping us with our case!

Communication was quick and clear, and we would recommend her for anyone of need of legal services. Thank you, Joan, for helping us with our case!

— N.R. | Animal law matter

NR

…Joan is honest and upfront and I couldn’t have asked for a better attorney.

I was very emotionally distraught and I had no idea what to expect in court, but she was very supportive and reassuring. Joan is honest and upfront and I couldn’t have asked for a better attorney.

— N.H. | Protective order matter

NH

…[Joan] is supportive of families regardless of what they look like, and was very comforting during a very difficult time.

Joan was very friendly, knowledgeable, and thorough in preparation and communication. She is supportive of families regardless of what they look like, and was very comforting during a very difficult time.

— B. F. | Same-sex matter

BF

…[Joan] helped me get myself back together.

I called Joan, and she first calmed me down and told me all would be all right and it was going to be fixed. When I called her, I was an emotional wreck, and she helped me get myself back together so that she could help me get this done.

— R. A. | Divorce matter

RA

…My divorce was as quick and as painless as it could possibly be because of her quality work.

I can speak volumes on her professionalism, amazing response times and great character. She was always available by phone, email or in person. My divorce was as quick and as painless as it could possibly be because of her quality work.

— J. M. | Divorce matter

JM

…I really felt like she cared.

She handled my case with compassion and professionalism….She was always available to answer any of my questions or concerns. I really felt like she cared.

— S.P. | Divorce matter

SP

Joan handled my case with a great deal of professionalism.

Joan handled my case with a great deal of professionalism.

— D. M. | Divorce matter

DM

…you get what you pay for with Joan…

[A] good family law attorney is going to be relatively expensive… it is a field that requires loads of knowledge, experience and time. At least you get what you pay for with Joan, and without “surprises.”

— J. L. | Child custody matter

JL

…[Joan] eased my concerns and kept me informed throughout every step in the process…

She responded quickly to every email I ever sent her and patiently answered all my questions, eased my concerns and kept me informed throughout every step in the process, a most important courtesy when going through such a difficult time.

— J. L. | Child custody matter

JL

…[Joan] has worked hard and efficiently…

She has worked hard and efficiently with me to ensure that I had the best possible shot in court and represented me very well when the day finally came.

— J. L. | Child custody matter

JL

…We highly recommend [Joan] for working with same sex parents or opposite sex parenting plan needs.

Throughout everything, Joan handled the situation with the upmost professionalism. We highly recommend her for working with same sex parents or opposite sex parenting plan needs.

— Anonymous | Same-sex matter

Anonymous

Joan was very professional while handling my case…

Joan was very professional while handling my case against an attorney that was less then ethical. Joan held her ground and remained confident the entire time.

— D.M. | Divorce matter

Anonymous

Joan was very professional while handling my case…

Joan was very professional while handling my case against an attorney that was less then ethical. Joan held her ground and remained confident the entire time.

— D. M. | Divorce matter

DM

I would highly recommend Joan Bundy…

She is and has been very organized and keeps up to date with details regarding my case. She also has taken swift action when it has been necessary. I would highly recommend Joan Bundy if you are looking for an assertive, capable and compassionate attorney.

— C.W. | Post-decree matter

CW

[Joan’s] patience with me not only helped win both legal cases, but has allowed me to start getting back on my feet.

I was facing a couple of different legal as well as medical problems and Joan was always very patient, doing what I asked unless there was a specific or strategic reason not to. Her patience with me not only helped win both legal cases, but has allowed me to start getting back on my feet.

— Rob | Avvo, 2011

Rob

Joan Bundy is a family attorney who is very dedicated to her profession…

Joan Bundy is a family attorney who is very dedicated to her profession and is becoming a force to be reckoned with. If you want an attorney who is honest to a fault and dedicated to her profession, there is none better.

— S.B. | Child custody matter

SB

[Joan] won my case all the way…

I know the best thing I could have done was hire her as my attorney in my situation being I have children I wanted my divorce done right. Joan surely did the job. She won my case all the way and I would definitely keep her as my lawyer for anything in the future.

— S. S. | Divorce matter

SS

[Joan] showed that she was very easy to talk to she listened…

When we first met with the lawyer she showed that she was very easy to talk to she listened gave us options and did not come across stuffy like the first one we had talked to from another firm.

— K. M. | Post-decree matter

KM

…We couldn’t have asked for a better representation.

You have really helped us get on top of this situation and gave [us] the confidence that [we] needed to be able to put [our] foot down for [our] daughter. We couldn’t have asked for a better representation.

— C. M. | Post-decree matter

CM

You are the greatest!…

You are the greatest! Thanks so much for caring….I WON! …Thanks again for your guidance!

— C. R. | Animal law matter

CR

…She listens well and represents honesty.

Joan is a great person, with compassion, and knowledge to help you through troublesome times. She realized that I had particular problems in my divorce, and helped me with timeliness and professionalism that a quality attorney gives to her client. She listens well and represents honesty.

— J. S. | Divorce matter

JS

You have been a great influence and help in my life.

You have been a great influence and help in my life.

— M. S. | Divorce matter

MS

I will continue referring others to you…

I will continue referring others to you. I appreciated your timely and quality advice as well as your professionalism.

— R.R. | Child-custody and child-support modification

RR

Joan proved to be very knowledgeable and competent…

I used Joan’s practice for my divorce. Although it was quite straightforward, no debts, no estate, no kids, the difficulty was that from my part, it was long-distance and international since I reside in France. Joan proved to be very knowledgeable and competent, she gave me clear information and advice about what would happen and the applicable laws.

— V.J. | Divorce matter

VJ

[Joan] helped us accomplish everything we set out to do.

Joan was very attentive to our situation and needs. She always got back to us in a timely manner. All of our questions and concerns were addressed. She helped us accomplish everything we set out to do.

— J.V. | Post-decree modification/relocation matter

JV

[Joan] is the most professional lawyer I have ever had…

She is the most professional lawyer I have ever had. She responds quickly and is way more knowledgeable than any of my previous lawyers.

— A.C. | Child custody matter

AC

Consult with a Chandler property division lawyer

As you can see, property division is much more complicated than it might at first seem. Failing to be proactive or letting the judge or opposing party decide, without question, how the property and debts will be divided is one of the costliest mistakes many people make in a divorce or legal separation. Before making any decisions about these matters, seek the advice of an Arizona family law attorney who has extensive knowledge of asset and debt distribution and community property law.

Call Joan Bundy Law at 480.463.4600 to talk with a Chandler property division lawyer about your legal options and possible strategies.

Contact Chandler divorce and family lawyer Joan Bundy.