The caller asks how property is divided and how home equity is decided during a divorce.

Wife Claims She Gets 100% Equity In Home

Does Community Property Mean Assets Are Split Evenly?

Visit the full page: https://azcriminalandfamilylaw.com/protecting-inheritance-az/

In Arizona, many people think that if they get divorced, their inheritance automatically becomes part of what’s divided with their spouse. Fortunately, that’s not always true.

Arizona’s community property laws do make most assets acquired during a marriage jointly owned, but inheritances are generally treated as separate property—as long as they’re kept apart from shared accounts or used only by the inheriting spouse.

If your inheritance is mixed with marital funds or used for joint expenses, it may lose its separate status. Taking simple steps to keep an inheritance seperate can go a long way in protecting it. For those facing divorce, the Law Office of Daniel Hutto can offer the guidance needed to help preserve your inheritance and personal assets.


The Law Office of Daniel Hutto
Arizona Family Laws Attorneys
(602) 833 0986
azcriminalandfamilylaw.com
Address: 2201 E Camelback Rd Suite 120 Phoenix, AZ 85016

Protecting Your Right to Inheritance From Divorce in Arizona


Caller:  When you get a divorce. What is it that determines community property and separate property? Because I want to prepare myself. Because my marriage is kind of on the rocks. I've acquired a few classic cars over the years, and I don't want her to get them.

Rick: Yeah, well, the determination really has already happened. And the key is to try and protect, you know, whatever that determination originally started at. I, let me let me kind of explain it a little bit more basic circumstances where in Washington there's a presumption to a starting point that anything that you've acquired during marriage is shared and shared, like is is this community?

So then the then the question is, well, is there a reason, though, that it should be a separate property? Well, separate property consists of things that you brought into marriage, that were already owned outright. So you weren't continuing to pay off on them. So let's use the classic cars. An example, a classic car that you had, paid off, sitting in your garage when you got married.

The assumption is that it remains your separate property. You know, the complexities is when you, let's say, buy this for $5,000, it's sitting in your garage and you put $15,000 into building it up, all of all of which you put in after you were married. That becomes a cloudy issue. 

You could argue separate property, but they could also argue community property because it was your income while married that was that was kind of producing this, the other big exception for you and it for everybody to hear out there is if you, have let's, let's say an inheritance which is usually considered separate property to the individual that inherited it.

that money usually goes, you know, straight into a bank account, a separate bank account to keep its nature. And then moneys that you spend out of that can, can be traced back to those separate property roots. So again, in your example, let's say there was an inheritance from that inheritance. You specifically went out and purchased a classic car.

Well, that classic car remains your separate property because it can be traced back. It's complex and usually one of those where if you're sitting down with me, we kind of go through the, the lifeline of whatever this piece of property is to see if we can argue that it should be traced to a separate property. Yes. So if he acquired the classic cars during the marriage, then, she could be spiteful and take them.

Let's say that, you know, five, ten years into the marriage, you bought a classic car for $20,000 because you had it in the joint savings account. Yeah, that's going to be community property. 

Okay, well, one of the things to mention on this, community property needs to be divided as well.

So it becomes kind of a balance sheet analysis. My guess is she's not really interested in the community. If in the classic car, it's cars themselves, if it's community property. But she is probably going to be interested in her share of the value of that so often means maybe sliding something that you care less about over onto the other side of the ledger, or just something more might be on the other.

And then you're able to, you know, keep and collect your hobbies.



Can I Keep My Ex From Getting My Classic Cars In Property Division?

We explore how the classification of property (community vs. separate) could determine whether Hackman’s children or a charity walks away with the fortune. Estate drama and legal nuance collide—listen now to hear how this one might unfold.

Gene Hackmans Estate - Will his children be "Unforgiven"? | 04-01-25

Visit the full page: https://azcriminalandfamilylaw.com/lottery-winnings-in-divorce/

Winning the lottery is often a dream come true, but if you or your spouse wins while you are married, it can quickly turn into one of the most challenging parts of a divorce. Questions about who gets the money, whether it is split evenly, and how it is classified under Arizona law can become contentious fast.

At the Law Offices of Daniel Hutto, we understand that financial disputes like these can have long-lasting consequences for your future. Our goal is to help you protect your rights, understand your options, and work toward a fair resolution that reflects Arizona’s laws on property division.

In this audio, we will walk through how Arizona law treats lottery winnings in divorce, what factors can affect how the money is split, and how the courts have handled similar high-value cases. You will also learn why having an experienced family law attorney is essential when large amounts of money are on the table.


The Law Office of Daniel Hutto
Arizona Family Laws Attorneys
(602) 833 0986
azcriminalandfamilylaw.com
Address: 2201 E Camelback Rd Suite 120 Phoenix, AZ 85016

How Are Lottery Winnings Handled in an Arizona Divorce?

If you die without a will in Texas, the state decides who inherits your property and it might not be who you think. In this episode, Michael Cohen explains how Texas law handles separate and community property, and why those assumptions can create costly legal issues. Learn how proper planning can help you avoid probate nightmares and protect your loved ones.

Dying Without a Will

Jeff Kowal and Aaron Spitzner discuss utilizing 529 plans and UTMA accounts to save money for children and grandchildren. Then dive into senior scams and cyber fraud and examine how you can protect the people you care about. Jeff and Aaron wrap up the show with thoughts on how you can protect your child’s inheritance.

The Retirement Clinic-9-6-25 – Saving Money for Children and Grandchildren

Phoenix Criminal Defense, DUI & Family Law Firm. The Law Office of Daniel Hutto offers the guidance, aggressiveness, and experience you need in a criminal defense attorney or family law attorney in Phoenix, Scottsdale, Chandler, Mesa, Tempe, and the rest of the surrounding cities.

Our founding partner, Rick Jones, stops by KZOK 102.5 to answer family law questions(FOR FREE) from callers.  Our managing attorney in Portland, Oregon, also answers questions on 620 Rip City Radio.
We cover everything from frequently asked questions and some incredibly obscure ones. 

Seattle, WA: (206) 448-1010
Portland, OR: (503) 731-8888  
San Diego, CA: (619) 243-0888

Or call 1-800-Divorce to be directed to the nearest office to you.

We provide answers to your phone questions at no charge!

Michael B. Cohen is an elder law attorney whose Dallas law practice focuses on the legal needs of the disabled and elderly, including estate and Medicaid and other public benefits (such as Veterans benefits) planning. He is a frequent speaker on these topics.

With retirement just around the corner, you need a partner you can trust to help navigate the ins and outs of retirement planning.  Whether you’re looking for a final push heading into your retirement, retirement asset management and consolidation, or assistance in transferring business assets to retirement assets, our team’s focus is on helping you realize your vision.

You can listen to the Kowal Investment Group - now Creative Planning, "Retirement Clinic" podcasts, with retirement and investment planning tips and news right here on Soundcloud. **This is a previously recorded show.**

New tracks tagged #Community Property