Author Archives: otmseo

YOURS, MINE, AND OURS – Protecting your separate property

First of all, what, of all your property, is your separate property?

Arizona is a community property state, so unless you have a PreNuptial Agreement
abrogating community property, everything you accumulated after you were married belongs to you both– with a few exceptions:

    1.Gifts – things that are clearly gifts to you, and you alone, i.e., your great aunt Jane
    gave you a necklace worth $500 for your birthday. The exception– Gifts from
    your spouse purchased with community funds
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Equitable vs. Equal Division Of Assets And Debt – What Does This Mean?

Arizona statutes say that divorcing parties’ community property and debts will be divided “equitably.” In practical application, what does that mean to you? Depending on the nature of the asset or debt, it can mean entirely different things. And what is “community property?” Anything you acquired during marriage that was not acquired by gift, devise, or descent (devise and descent refer to inheritance).

Here’s a summary of the most common divisions of assets and debts that you can use as … Read more

A Matter of Perspective — Child custody as viewed from the bench

After many years of appearing in front of judges about custody matters, there are some universal truths that color judges’ perspectives on this topic. It’s helpful to be able to advise clients about how judges think.

1. Judges often feel they need to remind you that you and the other parent made choices that led to your becoming parents, and you picked each other. You don’t get to second-guess those choices now that you and that person are no longer … Read more