A.R.S. § 25-318

How Arizona Courts Divide Property in a Divorce

Verified April 4, 2026 • 57th Legislature, 1st Regular Session

When an Arizona marriage ends, the court assigns each spouse's separate property back to them and divides community property, joint tenancy property, and other shared assets equitably. The statute requires equitable division, though not necessarily in kind, and the court does not consider marital misconduct when making property decisions.

Title 25, PREMARITAL AND MARITAL AGREEMENTS

azleg.gov

Separate Property Stays Separate

The first step in property division is straightforward: each spouse keeps what is solely theirs. Separate property typically includes assets owned before the marriage, gifts received individually, and inheritances. The court assigns each spouse's sole and separate property back to them. Everything else, including community property, joint tenancy assets, and other property held in common, gets divided equitably.

The court shall assign each spouse's sole and separate property to such spouse. The court shall also divide the community, joint tenancy and other property held in common equitably, though not necessarily in kind, without regard to marital misconduct.

A.R.S. § 25-318(A)

An important detail for couples who moved to Arizona from another state: property acquired outside Arizona is treated as community property if it would have been community property had it been acquired here. This quasi-community property rule can significantly affect how out-of-state assets are divided.

Debts, Liens, and Creditor Protections

Property division is not just about assets. The court also considers all debts and obligations tied to the property, including taxes that would come due on a sale. The court can impress a lien on either spouse's separate property or awarded marital property to secure payment of the other party's interest, community debts, or child support and maintenance obligations.

One detail that catches many people off guard: a divorce decree assigning a debt to one spouse does not release the other spouse from the creditor's perspective. The statute requires notice to both parties explaining that creditors are not bound by the court's debt assignment. If a former spouse fails to pay an assigned debt, the creditor can still pursue the other spouse. This makes post-divorce financial planning, including updating estate plans and beneficiary designations, essential.

25-318. Disposition of property; retroactivity; notice to creditors; assignment of debts; contempt of court A. In a proceeding for dissolution of marriage, for annulment or for legal separation, or in a proceeding for disposition of property following dissolution of the marriage by a court that previously lacked personal jurisdiction over the absent spouse or previously lacked jurisdiction to dispose of the property, the court shall assign each spouse's sole and separate property to such spouse. The court shall also divide the community, joint tenancy and other property held in common equitably, though not necessarily in kind, without regard to marital misconduct. For the purposes of this section only, property acquired by either spouse outside this state shall be deemed to be community property if the property would have been community property if acquired in this state. B. In dividing property, the court may consider all debts and obligations that are related to the property, including accrued or accruing taxes that would become due on the receipt, sale or other disposition of the property. C. This section does not prevent the court from considering all actual damages and judgments from conduct that resulted in criminal conviction of either spouse in which the other spouse or a child was the victim or excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common. D. The community, joint tenancy and other property held in common for which no provision is made in the decree shall be from the date of the decree held by the parties as tenants in common, each possessed of an undivided one-half interest. E. The court may impress a lien on the separate property of either party or the marital property awarded to either party in order to secure the payment of: 1. Any interest or equity the other party has in or to the property. 2. Community debts that the court has ordered to be paid by the parties. 3. An allowance for child support or spousal maintenance, or both. 4. All actual damages and judgments from conduct that resulted in criminal conviction of either spouse in which the other spouse or a child was the victim.

View on azleg.gov

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

Related Statutes

§ 25-317Separation Agreements in Arizona: What They Cover and How They Work

§ 25-316Temporary Orders During Divorce or Separation in Arizona

§ 25-301Grounds for Dissolution of Marriage in Arizona

Related Services

The foundation of your estate plan

Living Trusts

Pass your assets directly to the people you choose without probate, without court involvement, and without the delays and costs that come with both.

Learn more

Get Started Today

Need Help With Your Estate Plan?

Whether you are just getting started or reviewing an existing plan, RJP Estate Planning works hand in hand with experienced estate planning counsel to help you understand your options.

(480) 346-3570