Asset Division Lawyer in Gilbert, AZ

Divorce often requires dividing shared assets and debts. At The Law Office of Vincent Mattioli, PLC, we assist clients in Gilbert, AZ with fair and thoughtful asset division. Our goal is to help you protect what matters, clarify your financial future, and reach a resolution that supports a stable start after divorce.

How Asset Division Works under Arizona Law

Arizona is a community property state. That means property and debts acquired during the marriage are generally considered community property and are subject to division in a divorce.

Separate property — such as assets owned before marriage, gifts or inheritances received by a single spouse, or property acquired after the divorce petition is filed — usually remains with the original owner.

What Types of Assets and Debts Are Included

Both spouses share ownership of many types of assets and obligations under community property rules, including:

• Real estate, including homes, land, and vacation properties
• Bank accounts, savings, checking, and investment accounts
• Retirement accounts, pensions, and investment portfolios
• Vehicles, boats, and other titled property
• Business interests formed during marriage
• Household items, personal property, collectibles, furniture, and personal effects
• Debts incurred during marriage, such as mortgages, credit card balances, and loans

If a business was started during marriage or significantly grew in value during marriage, it may be considered community property. If it was owned before marriage and kept entirely separate, it may remain separate property — but valuation and tracing may be required.

Why Asset Division Can Be Complex

Not all property division is straightforward. Some assets — like retirement funds, businesses, investment accounts, or real estate — can be difficult to value. Others may involve commingled funds, mixed use, or unclear documentation making tracing difficult.

Because of this, division may require appraisals, valuations, financial analysis, and careful review of documentation. Proper asset division can protect your financial future and avoid costly mistakes down the road.

How the Process Works With Our Firm

When you start working with us, we begin by reviewing everything you own and owe. Our team helps identify which items are community property and which are separate. We then assist with valuing assets, compiling documentation, and presenting options for division. If needed, we negotiate with the other side or present your case for fair distribution.

Our goal is to help you achieve a division that allows you to move forward with stability and financial clarity. We take care to protect interests in retirement, business ownership, real estate, and personal property.

Frequently Asked Questions About Asset Division in Gilbert, AZ

How is property divided in an Arizona divorce?

Arizona follows community property rules. Assets and debts acquired during the marriage are considered community property and are subject to division. Separate property, such as assets owned before marriage or received by inheritance or gift, is typically not divided.

Does equal division mean a 50/50 split?

Property division in Arizona aims for equity which often results in an equal split of community property. However, "equal" does not always mean a perfect 50/50 division. The court may consider factors such as mortgage payments, improvements, or investment contributions when determining a fair division.

What happens to debts incurred during the marriage?

Debts acquired during marriage are generally considered community debt and divided along with assets. That means both spouses may share responsibility for credit card debt, loans, mortgages, and other obligations.

What if I owned property before the marriage — will I keep it?

Yes. Assets owned before marriage are typically considered separate property and not subject to division. However, if those assets were commingled with community property — for instance, using marital funds on a home owned before marriage — that could change their status.

How are retirement accounts or business interests handled?

Retirement accounts, pensions, and business assets acquired or increased during the marriage are usually considered part of the marital estate. These may need valuation or negotiation. If the business or account existed before marriage and was kept separate, that may change how the property is divided.

Can property division be resolved without going to trial?

Yes. Many couples agree on asset division through negotiation or mediation. If an agreement is reached, the court reviews and approves it. If not, the court will divide property based on evidence and Arizona community property rules.

Schedule a Consultation for Asset Division in Gilbert, AZ

Dividing property after marriage is a serious and important step. We are ready to help you navigate asset division with clear guidance and careful representation. For help with property division in Gilbert, contact The Law Office of Vincent Mattioli, PLC to schedule a consultation.

Call 480-485-7948 or visit our contact page for more information.