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The Rules for Protecting Separate Property

In a divorce, parties frequently engage in fierce fights, each defending their separate property turf against the other partyʼs claims. “Separate property” is any property brought into a marriage or subsequently inherited by one spouse or gifted to one spouse, as well as all rents and proceeds from that property.

Arizona law (A.R.S. §25-213) fiercely protects separate property—but only if the asserting party follows “The Rules.” Unfortunately, The Rules are the proverbial “demanding mistress.” Read more

This article is inspired and sourced from Kathleen McCarthy’s April 2014 Brief Encounters article, as published in Tucson’s Desert Leaf magazine.

This post is intended to highlight just certain portions of the Arizona Rules of Family Law Procedure. It is not intended to substitute for professional legal advice on your specific case. The McCarthy Law Firm is a family law firm; however please check with your personal family law attorney for advice specific to your case. Or you can contact our office to speak to one of our family law attorneys to discuss how these rules may impact your specific case.

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