Divorce & Annulment

questions & answers

Question: My husband wants a Divorce and we have a boat that has His Name OR my name. Does the word OR make it community property? He says it was a gift to him and won't sell it. What does the word OR mean on the title? Is it community property?

Answer:

In Arizona, it is presumed that property acquired after the date of marriage is community property. (ARS § 25-211). A party challenging that presumption has the burden of rebutting (overcoming) the presumption.  The presumption of community property, can, in part, be overcome if the challenging party can prove by clear and convincing evidence that the property at issue was acquired as a gift. 

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QUESTIONS

  • My husband wants a Divorce and we have a boat that has His Name OR my name. Does the word OR make it community property? He says it was a gift to him and won't sell it. What does the word OR mean on the title? Is it community property?

STORIES

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  • State Bar of Arizona
    www.azbar.org
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    www.maricopabar.org
    Referral number 602-257-4434
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    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
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