Arizona Revised Statutes

Ariz. Rev. Stat. § 25-211 (2026)

Property acquired during marriage as community property; exceptions; effect of service of a petition

✓ current as of May 2026

Find cases: SyfertCases citing this section AZ-LEGazleg.gov (official) JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

A. All property acquired by either husband or wife during the marriage is the community property of the husband and wife except for property that is:

1. Acquired by gift, devise or descent.

2. Acquired after service of a petition for dissolution of marriage, legal separation or annulment if the petition results in a decree of dissolution of marriage, legal separation or annulment.

B. Notwithstanding subsection A, paragraph 2, service of a petition for dissolution of marriage, legal separation or annulment does not:

1. Alter the status of preexisting community property.

2. Change the status of community property used to acquire new property or the status of that new property as community property.

3. Alter the duties and rights of either spouse with respect to the management of community property except as prescribed pursuant to section 25-315, subsection A, paragraph 1, subdivision (a).

Notes of Decisions

Cited in 200 cases (59 in the last 5 years), 1956–2026 · leading case: Hammett v. Hammett, 453 P.3d 1145 (Ariz. Ct. App. 2019).

Sort: Relevance Newest Treatment

Hammett v. Hammett, 453 P.3d 1145 (Ariz. Ct. App. 2019). · cites it 12× “The community property statute, A.R.S. § 25-211, does not distinguish between community property acquired during a marriage that is subsequently dissolved and community property acquired during a marriage that is subsequently annulled.”

Wisner v. Wisner, 631 P.2d 115 (Ariz. Ct. App. 1981). · cites it 16× “A.R.S. § 25-211 establishes that all property acquired during marriage, except that which is acquired by gift, devise or descent, is the community property of the husband and wife.”

Bobrow v. Bobrow, 391 P.3d 646 (Ariz. Ct. App. 2017). · cites it 4× “¶ 15 Pursuant to A.R.S. § 25-211(A)(2), the marital community is deemed to have terminated upon the service of a petition that results in a decree of dissolution.”

Hefner v. Hefner, 456 P.3d 20 (Ariz. Ct. App. 2019). · cites it 6× “A.R.S. § 25-211(A). But a spouse’s “personal property that is owned by that spouse before marriage .”

Castro v. Ballesteros-Suarez, 213 P.3d 197 (Ariz. Ct. App. 2009). · cites it 6× “Because the Legislature statutorily created the concept of community property, see A.R.S. § 25-211 (Supp.2008), it has the authority to and has limited its applicability.”

Johnson v. Johnson, 638 P.2d 705 (Ariz. 1981). · cites it 8× “2d 538 (1970), in which the court of appeals stated: In situations involving a contract debt or other contractual obligation, it is well established by many Arizona decisions that if such debt or contractual obligation was incurred during coverture, it is presume to be a…”

Schickner v. Schickner, 348 P.3d 890 (Ariz. Ct. App. 2015). · cites it 6× “A.R.S. § 25-211(A), (B). Likewise, notwithstanding the filing of a petition for dissolution, when community property “is used to acquire new property,” the new property is community property.”

In Re the Marriage of Foster, 376 P.3d 702 (Ariz. Ct. App. 2016). · cites it 6× “§ 25-211,” citing Hatcher v. Hatcher, 188 Ariz.”

Helland v. Helland, 337 P.3d 562 (Ariz. Ct. App. 2014). · cites it 4× “Our analysis was consistent, however, with Arizona law concerning interpretation of the term “acquired” in AR.S. § 25-211 and the separate nature of an award intended to compensate a spouse for an individual loss.”

Carroll v. Lee, 712 P.2d 923 (Ariz. 1986). · cites it 4× “This Court recognizes that community property rights derive solely from the marital relationship, A.R.S. § 25-211; Porter v. Porter, 67 Ariz.”

Flowers v. Flowers, 578 P.2d 1006 (Ariz. Ct. App. 1978). · cites it 8× “IS THE WIFE ENTITLED TO SHARE IN DISABILITY BENEFITS WHEN THE DISABILITY OCCURRED AFTER THE PETITION FOR DISSOLUTION WAS FILED? The husband argues that since his right to disability compensation did not arise until after the petition for dissolution had been filed, this was not…”

Jurek v. Jurek, 606 P.2d 812 (Ariz. 1980). · cites it 4× “” A.R.S. § 25-211. “All property, real and personal, of each spouse, owned by such spouse before marriage, and that acquired afterward by gift, devise or descent, and also the increase, rents, issues and profits thereof, is the separate property of such spouse.”

Show all 200 citing cases →

— Ariz. Rev. Stat. § 25-211(1) — 2 cases

Marriage of Kohler v. Kohler, 118 P.3d 621 (Ariz. Ct. App. 2005).

Castro v. Ballesteros-Suarez, 213 P.3d 197 (Ariz. Ct. App. 2009). “Because the Legislature statutorily created the concept of community property, see A.R.S. § 25-211 (Supp.2008), it has the authority to and has limited its applicability.”

— Ariz. Rev. Stat. § 25-211(2) — 2 cases

Kelly v. Kelly, 9 P.3d 1046 (Ariz. 2000).

— Ariz. Rev. Stat. § 25-211(2)(2007) — 1 case

Hetherington v. Hetherington, 202 P.3d 481 (Ariz. Ct. App. 2008).

— Ariz. Rev. Stat. § 25-211(A) — 65 cases

Hefner v. Hefner, 456 P.3d 20 (Ariz. Ct. App. 2019). “A.R.S. § 25-211(A). But a spouse’s “personal property that is owned by that spouse before marriage .”

In Re Marriage of Flower, 225 P.3d 588 (Ariz. Ct. App. 2010).

Stock v. Stock, 479 P.3d 859 (Ariz. Ct. App. 2020).

Schickner v. Schickner, 348 P.3d 890 (Ariz. Ct. App. 2015). “A.R.S. § 25-211(A), (B). Likewise, notwithstanding the filing of a petition for dissolution, when community property “is used to acquire new property,” the new property is community property.”

In Re the Marriage of Foster, 376 P.3d 702 (Ariz. Ct. App. 2016). “§ 25-211,” citing Hatcher v. Hatcher, 188 Ariz.”

— Ariz. Rev. Stat. § 25-211(A)(1) — 7 cases

In Re the Marriage of Foster, 376 P.3d 702 (Ariz. Ct. App. 2016). “§ 25-211,” citing Hatcher v. Hatcher, 188 Ariz.”

Chauncey v. Chauncey (Ariz. Ct. App. 2021).

Baldwin v. Baldwin (Ariz. Ct. App. 2017).

Ward v. Smith (Ariz. Ct. App. 2021).

Koizumi v. Morogiello (Ariz. Ct. App. 2022).

— Ariz. Rev. Stat. § 25-211(A)(2) — 21 cases

Bobrow v. Bobrow, 391 P.3d 646 (Ariz. Ct. App. 2017). “¶ 15 Pursuant to A.R.S. § 25-211(A)(2), the marital community is deemed to have terminated upon the service of a petition that results in a decree of dissolution.”

Hammett v. Hammett, 453 P.3d 1145 (Ariz. Ct. App. 2019). “The community property statute, A.R.S. § 25-211, does not distinguish between community property acquired during a marriage that is subsequently dissolved and community property acquired during a marriage that is subsequently annulled.”

Carranza v. Gonzales (Ariz. Ct. App. 2016).

Bachrach v. Bachrach (Ariz. Ct. App. 2017).

Lovejoy v. Lovejoy (Ariz. Ct. App. 2018).

— Ariz. Rev. Stat. § 25-211(A)(l) — 1 case

Gersten v. Gersten, 219 P.3d 309 (Ariz. Ct. App. 2009).

— Ariz. Rev. Stat. § 25-211(B) — 4 cases

Johnson v. Johnson, 638 P.2d 705 (Ariz. 1981). “2d 538 (1970), in which the court of appeals stated: In situations involving a contract debt or other contractual obligation, it is well established by many Arizona decisions that if such debt or contractual obligation was incurred during coverture, it is presume to be a…”

Cason v. Cason (Ariz. Ct. App. 2016).

Gonzalez v. Arrellano (Ariz. Ct. App. 2024).

Gilbert v. McGhee, 524 P.2d 157 (Ariz. 1974).

— Ariz. Rev. Stat. § 25-211(B)(1) — 4 cases

Andaloro v. Andaloro (Ariz. Ct. App. 2021).

Ferrill v. Ferrill, 514 P.3d 292 (Ariz. Ct. App. 2022).

Wheeler v. Dexter (Ariz. Ct. App. 2022).

Muscarella v. Muscarella (Ariz. Ct. App. 2025).

— Ariz. Rev. Stat. § 25-211(B)(2) — 3 cases

Schickner v. Schickner (Ariz. Ct. App. 2017).

Muscarella v. Muscarella (Ariz. Ct. App. 2025).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.