Understanding Separate Property Tracing in Arizona Divorce Cases

by | February 20, 2024


When navigating the complex terrain of divorce in Arizona, distinguishing between marital and separate property becomes paramount. This distinction is crucial for a fair and equitable division of assets. Arizona family law recognizes the concept of separate property tracing, a critical tool for individuals seeking to protect their assets that were owned prior to marriage or received as gifts or inheritances during the marriage. This method is especially relevant when separate property has been commingled with marital assets, making it challenging to identify its origins.

Precedent cases in Arizona, such as Drahos v. Rens, 149 Ariz. 248 (App. 1985) and Cockrill v. Cockrill, 124 Ariz. 50 (1979), have established tracing as an acceptable practice to identify and classify separate property within commingled assets. These landmark decisions underscore the importance of detailed documentation and expert analysis in distinguishing one’s separate property from marital assets.

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As qualified financial forensic specialists, we at Smarter Divorce Solutions possess the expertise to conduct comprehensive separate property tracings. Our team is adept at navigating the complexities involved, from analyzing years of financial records to identifying subtle nuances in asset acquisition and growth. We specialize in tracing a variety of assets, including retirement accounts, real estate, and investments, ensuring that our clients have robust support in safeguarding their property rights.

The process involves meticulous examination of records, such as bank statements, purchase documents, and inheritance papers, to create a court-ready report. This report not only supports attorneys but also empowers clients, providing them with the clarity and evidence needed to assert their property claims effectively.

By leveraging our specialized skills in financial forensics, we stand as a beacon of support for those navigating the intricacies of divorce in Arizona. Our goal is not only to identify and protect what is rightfully yours but also to provide peace of mind during what can be a tumultuous time. Trust in Smarter Divorce Solutions to bring expertise, precision, and care to your separate property tracing needs, ensuring your assets are accurately represented and defended in court.

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At Smarter Divorce Solutions, we help you with creative solutions and sound financial decisions surrounding the dissolution of your marriage, because we know that in the end you will still be part of the same family.  Happy Anniversary to those that made it, and a kinder, gentler and more affordable divorce to those that didn’t.

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