A. A spouse’s real and personal property that is owned by that spouse before marriage and that is acquired by that spouse during the marriage by gift, devise or descent, and the increase, rents, issues and profits of that property, is the separate property of that spouse.
B. Property that is acquired by a spouse after service of a petition for dissolution of marriage, legal separation or annulment is also the separate property of that spouse if the petition results in a decree of dissolution of marriage, legal separation or annulment.
C. Notwithstanding subsection B of this section and section 25-214, subsection C, a mortgage or deed of trust executed by a spouse who acquires the real property encumbered by that mortgage or deed of trust after service of a petition for dissolution of marriage, legal separation or annulment shall be enforceable against the real property if the petition does not result in a decree of dissolution of marriage, legal separation or annulment.
D. A contribution to an irrevocable trust that has as its principal asset life insurance on the person making the contribution is a contribution of the insured’s separate property if the spouse of the insured is the primary beneficiary of the trust.
For more information about Division of Property and Divorce, please read the following articles:
- Dividing Property in Divorce
- Property Division FAQs
- Transmuting Separate Property into Community Property in Arizona
- Arizona Divorce Information Center
Resources: Arizona State Legislature