Arizona Divorce Checklist
Going through a divorce in Arizona when real estate is involved adds a significant layer of complexity to an already emotional process. Whether you're deciding who keeps the marital home, figuring out how to handle rental properties, or navigating capital gains tax implications, this checklist is designed to guide you through every critical step. Arizona is a community property state, meaning any real estate acquired during your marriage is presumed to be jointly owned and subject to equitable division under A.R.S. § 25-211. You'll need to meet the 90-day residency requirement before filing in the Superior Court of the county where either spouse resides, and a mandatory 60-day waiting period applies after filing. Use this checklist to stay organized, protect your financial interests, and move forward with clarity.
Collect deeds for all properties*
Compile mortgage and loan statements*
Locate your most recent property tax records*
Gather HOA documents and statements
Retrieve rental property leases and income records
Document any separate property contributions
Hire a licensed Arizona real estate appraiser*
Consider a Comparative Market Analysis (CMA) for context
Valuate rental properties using an income approach
Document all improvements made during the marriage*
Determine outstanding mortgage payoff amounts*
Evaluate the three primary options for the marital home*
Determine who will live in the home during the proceedings*
Plan for the mortgage: refinance or assumption*
Address capital gains tax implications before transferring*
Create a plan for managing rental properties during proceedings
Consider a deferred sale agreement if children are involved
Execute a Quit Claim Deed to transfer title*
Include a specific property legal description in your decree*
Record all transfer documents with the county recorder promptly*
Notify your mortgage lender of the divorce decree*
Update title insurance after transfer
Consult a CPA or tax advisor familiar with Arizona divorce*
Determine how to handle mortgage interest and property tax deductions*
Address depreciation recapture on rental properties
Update homeowner's and landlord insurance policies*
Review and update property-related estate planning documents
Confirm you meet Arizona's 90-day residency requirement*
File the Petition for Dissolution of Marriage with property schedules*
Prepare and file a Consent Decree or Property Settlement Agreement*
Observe the mandatory 60-day waiting period*
Attend mediation if there are property valuation disputes
Complete the mortgage refinance within the decree's deadline*
Sell the property and distribute proceeds if ordered
Transfer utility accounts and cancel joint service accounts*
Update your homestead exemption if applicable
Notify the county assessor of ownership changes*
Monitor your credit report for lingering mortgage liability*
Clarity Divorce guides you through the paperwork with official Arizona court forms, step-by-step instructions, and county-specific filing details. $299 flat fee.