I’M MOVING OUT…. What Can I take?

| Divorce Legally Speaking | January 1, 2020

It’s a new year and a time for resolutions

While that may mean losing the inevitable holiday weight gained over the last two months, it may be more serious and involve a decision that a relationship just is not working. If you have decided to end a marriage and separate, you will quickly realize that it’s not as easy as saying, “I’m leaving.” There are couches and televisions to divide. There are household bills that still need to be paid. There may be bank accounts to separate. And who has to pay those credit card bills from the holidays?

Arizona is a Community Property State

Because Arizona is a community property state, assuming the parties are legally married, then generally, each person is entitled to one-half of the accumulated assets during the marriage. There are some exceptions to this rule, but in general, this is the presumption. Typically, if the parties are able to communicate somewhat, they can discuss who will take the couch, the table, etc. But, if that’s not possible or safe, leaving and taking one-half of the furniture can be done. It’s a good idea to take before and after pictures of each item and room, and to create a list of items taken and left. Te same is true for money in bank accounts (although bank statement will suffice in lieu of pictures). If an agreement can’t be reached, then the court is there to decide.

Debts and Bills

Paying debts and bills is a different issue. In a community property state, both parties are obligated to pay ongoing bills and debts, even if the parties are no longer living together. If the parties agree on which each person is going to pay what obligation, then ideally each party would honor that agreement. If there is no consensus, then it may be necessary to seek court involvement for allocation of debt payment. It may be difficult to protect one’s credit during the process, but obtaining a copy of your credit report and monitoring ongoing activity is important. If one person fails to pay debts and other bills and your credit becomes negatively affected, there may be remedies that the court can implement.

No two cases are exactly the same. So, before taking action, you should consult with a family law attorney to discuss the specifics of your particular situation.

Speak with an Experienced Divorce Attorney

We understand that separations and divorce can be difficult. Duenas Eden Law, PLC listens to your needs to resolve your case. We are trusted attorneys in Divorce, Child Custody Cases, Child Support, Spousal Support, Same-Sex Legal Issues and other Family Law matters. Serving the Phoenix metro area including Ahawatukee, Laveen, Tempe, Chandler, Mesa and Gilbert. Trust the Family Law Attorneys of Duenas Eden Law, PLC. Call today: (480) 285-1735.

I’M MOVING OUT…. What Can I take?, Duenas Eden Law
By Dorian L. Eden
Originally published in the January 2013 edition of Ocotillo Living
I’M MOVING OUT…. What Can I take?, Duenas Eden Law