Arizona Revised Statutes

Ariz. Rev. Stat. § 25-213 (2026)

Separate property

✓ current as of May 2026

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A. A spouse's real and personal property that is owned by that spouse before marriage and that is acquired by that spouse during the marriage by gift, devise or descent, and the increase, rents, issues and profits of that property, is the separate property of that spouse.

B. Property that is acquired by a spouse after service of a petition for dissolution of marriage, legal separation or annulment is also the separate property of that spouse if the petition results in a decree of dissolution of marriage, legal separation or annulment.

C. Notwithstanding subsection B of this section and section 25-214, subsection C, a mortgage or deed of trust executed by a spouse who acquires the real property encumbered by that mortgage or deed of trust after service of a petition for dissolution of marriage, legal separation or annulment shall be enforceable against the real property if the petition does not result in a decree of dissolution of marriage, legal separation or annulment.

D. A contribution to an irrevocable trust that has or will have as its principal asset life insurance on the person making the contribution is a contribution of the insured's separate property if the spouse of the insured is the primary beneficiary of the trust.

Notes of Decisions

Cited in 88 cases (39 in the last 5 years), 1965–2026 · leading case: Hammett v. Hammett, 453 P.3d 1145 (Ariz. Ct. App. 2019).

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Hammett v. Hammett, 453 P.3d 1145 (Ariz. Ct. App. 2019). · cites it 4× “Under A.R.S. § 25-213(B), property acquired by a spouse “after service of a petition for dissolution .”

In Re the Marriage of Foster, 376 P.3d 702 (Ariz. Ct. App. 2016). · cites it 4× “By contrast, separate property consists of “[a] spouse’s real and personal property that is owned by that spouse before marriage and that is acquired by that spouse during the marriage by gift, devise or descent, and the increase, rents, issues and profits of that property.”

Buckholtz v. Buckholtz, 435 P.3d 1032 (Ariz. Ct. App. 2019). · cites it 2× “See A.R.S. § 25-213(A). However, we disagree with Husband's contention that the superior court cannot consider the parties' sole and separate property when a separation agreement is presented to the court under A.”

Hefner v. Hefner, 456 P.3d 20 (Ariz. Ct. App. 2019). · cites it 2× “¶8 All property acquired during the marriage, except that obtained through gift, devise, or descent, is community property.”

Cameron v. Cameron, 641 S.W.2d 210 (Tex. 1982). · cites it 2× “Compare Ariz.Rev.Stat.Ann. § 25-213: A. All property, real and personal, of the husband, owned or claimed by him before marriage, and that acquired afterward by gift, devise or descent, and also the increase, rents, issues and profits thereof, is his separate property; with Tex.”

Potthoff v. Potthoff, 627 P.2d 708 (Ariz. Ct. App. 1981). · cites it 4× “The concept of community property law in Arizona is built upon two pillars: that property acquired during the marriage is community property (A.”

Rueschenberg v. Rueschenberg, 196 P.3d 852 (Ariz. Ct. App. 2008). · cites it 4× “” A.R.S. § 25-213(A) (2007). It also provides, however, that “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 .”

Stock v. Stock, 479 P.3d 859 (Ariz. Ct. App. 2020). · cites it 2× “A.R.S. § 25-213. A basic tenet of Arizona’s “community property law is that property acquires its character as community or separate depending upon the marriage status of its owner at the time of acquisition.”

Defrancesco v. Defrancesco, 455 P.3d 722 (Ariz. Ct. App. 2019). · cites it 5× “See A.R.S. § 25-213. CONCLUSION ¶13 For the reasons set forth above and in our separate memorandum decision, see Ariz.”

In Re Marriage of Pownall, 5 P.3d 911 (Ariz. Ct. App. 2000). · cites it 2× “See A.R.S. § 25-213 (Supp.1999). But see Cockrill v.”

Nace v. Nace, 448 P.2d 76 (Ariz. 1968). · cites it 5× “A.R.S. § 25-213, subsecs. A and B defines separate property as: “§ 25-213.”

Neal v. Neal, 570 P.2d 758 (Ariz. 1977). · cites it 2× “In such a case, the trial court could, within its discretion, equitably divide the remaining community assets so the net result would be an award of $200 per person.”

Show all 88 citing cases →

— Ariz. Rev. Stat. § 25-213(A) — 39 cases

In Re the Marriage of Foster, 376 P.3d 702 (Ariz. Ct. App. 2016). “By contrast, separate property consists of “[a] spouse’s real and personal property that is owned by that spouse before marriage and that is acquired by that spouse during the marriage by gift, devise or descent, and the increase, rents, issues and profits of that property.”

Buckholtz v. Buckholtz, 435 P.3d 1032 (Ariz. Ct. App. 2019). “See A.R.S. § 25-213(A). However, we disagree with Husband's contention that the superior court cannot consider the parties' sole and separate property when a separation agreement is presented to the court under A.”

Hefner v. Hefner, 456 P.3d 20 (Ariz. Ct. App. 2019). “¶8 All property acquired during the marriage, except that obtained through gift, devise, or descent, is community property.”

Rueschenberg v. Rueschenberg, 196 P.3d 852 (Ariz. Ct. App. 2008). “” A.R.S. § 25-213(A) (2007). It also provides, however, that “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 .”

Everson v. Everson, 537 P.2d 624 (Ariz. Ct. App. 1975).

— Ariz. Rev. Stat. § 25-213(B) — 18 cases

Hammett v. Hammett, 453 P.3d 1145 (Ariz. Ct. App. 2019). “Under A.R.S. § 25-213(B), property acquired by a spouse “after service of a petition for dissolution .”

Marriage of Brebaugh v. Deane, 118 P.3d 43 (Ariz. Ct. App. 2005).

Defrancesco v. Defrancesco, 455 P.3d 722 (Ariz. Ct. App. 2019). “See A.R.S. § 25-213. CONCLUSION ¶13 For the reasons set forth above and in our separate memorandum decision, see Ariz.”

Lopez v. Lopez (Ariz. Ct. App. 2024).

Krenzen v. Katz (Ariz. Ct. App. 2018).

— Ariz. Rev. Stat. § 25-213(C) — 1 case

Hammett v. Hammett, 453 P.3d 1145 (Ariz. Ct. App. 2019). “Under A.R.S. § 25-213(B), property acquired by a spouse “after service of a petition for dissolution .”

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