ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature Second Regular Session
	House: JUD DP 9-0-0-1 | 3^rd Read 59-0-1-0 Senate: JUD DP 8-0-0-0 | 3^rd Read 29-0-1-0

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HB2104: community property award; convicted spouse

Sponsor: Representative Griffin, LD 14

Transmitted to the Governor

Overview

States that a spouse making division of property payments to a convicted spouse may petition the court to cancel the ongoing payment.

History

Community property refers to all property acquired by either spouse during a marriage. Property that is acquired by gift or inheritance or after the marriage is dissolved is not community property (A.R.S. § 25-211). Each spouse may acquire or manage community property and bind the community individually expect in cases involving transactions of an interest in real property or of guaranty (A.R.S. § 25-214). If a married couple acquires property while living outside the state, when they move into the state the property becomes community property (A.R.S § 25-318).

Convicted spouse means a convicted individual sentenced to at least 80 years in prison or to life in prison, with or without the possibility of parole (A.R.S. § 25-318.02).

In divorce proceeding, statute requires property held in common be divided equitably, without regard to marital misconduct (A.R.S. § 25-318). In a proceeding for dissolution of a marriage or legal separation, the court does not award any community property to a convicted spouse. A spouse making installment payments to a convicted spouse relating to division of property, may petition the court to modify the ongoing payment (A.R.S. § 25-318.02).

Provisions

1. Clarifies that a spouse making division of property payments to a convicted spouse may petition the court to cancel the ongoing payment. (Sec. 1)

2. Makes a technical change. (Sec. 1)

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6.                   HB 2104

7. Initials LC/DG                   Page 0 Transmitted

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