A Phoenix marital home under Arizona community property law
Arizona follows community property rules. A.R.S. § 25-211 makes what a husband or wife obtains while married community property. The exceptions are property that came to one spouse by gift, devise or descent, and property obtained after a petition to dissolve the marriage, or for legal separation or annulment, was served, if that case ends in a decree. Service does not convert property that was already community. Section 25-213 treats as separate whatever a spouse owned before the wedding or received during the marriage by gift, devise or descent.
At the end of the marriage, § 25-318 tells the court to award each spouse his or her separate property and to divide the community, joint tenancy and other jointly held property "equitably, though not necessarily in kind," and to do it without regard to marital misconduct. Equitable does not always mean equal. In the 2021 opinion Meister v. Meister, the Court of Appeals repeated the Arizona Supreme Court's point that the court dividing the property is not "bound by any per se rule of equality." The same statute allows the court to consider waste or concealment of community property and the taxes a sale would bring, and it requires the decree to describe real property by its legal description.
The appraisal's part in all of this is narrow. It reports the market value of the house on a stated date. Whether the home is community or separate property, who keeps it and on what terms are matters for the spouses, their attorneys and the court.
Choosing the date of value in an Arizona divorce
No Arizona statute fixes the date on which a marital home is valued. The Meister court, hearing an appeal from the Superior Court in Maricopa County, looked for an Arizona rule tying the value of a community asset to the date of service and found none. A trial judge may use the service date as a starting point, the opinion says, but must pick another date "when necessary to ensure an equitable result."
Keep two dates apart. The service date in § 25-211 marks when new acquisitions stop being community property; it is a line about classification, not an instruction about when to value the house. A report can be ordered as of the service date, as of today, or as of another date the parties agree on or the court sets. If that date is in the past, the appraisal is retrospective: the sales and market conditions studied are the ones from that earlier time, and the home is described as it stood then.
Settle the effective date with your attorney first
Ask your attorney which date the report should carry, and whether one spouse or both will rely on it, before the inspection is booked. On taxes, IRS Publication 555 says that dividing community property between divorcing spouses, equally or not, "doesn't result in a gain or loss"; a tax adviser can explain how that applies to your settlement.
The court and the county records
In Maricopa County, divorce cases belong to the Family Department of the Superior Court. Two county offices hold the records that pin down exactly what is being valued:
- Maricopa County Assessor. The parcel number and the county's full cash value, a figure set for property tax and valued as of January 1 of the calendar year that precedes the tax year (§ 42-11001). It is not a value on your divorce date.
- Maricopa County Recorder. The recorded deed, which shows how title is held, for example as community property with right of survivorship under § 33-431.
The comparison sales then come from the home's own part of Phoenix, whether that is a residential historic district such as Willo or Coronado or a planning village such as Maryvale or Laveen.
Before you call: a Phoenix divorce checklist
- The property address, and the parcel number if you have it.
- The effective date your attorney has given you, and whether it could still change.
- Which spouse is hiring the appraiser, or whether both are, and who else will read and rely on the report, such as the attorneys or a mediator.
- Who can let the appraiser in, especially if one spouse has moved out.
- Work done on the house since the effective date, with dates, photographs or invoices.
- Any date already set in the Family Department case or for mediation.
Ask for the scope, the fee and the delivery date in writing before the inspection is scheduled.
The Arizona sections on this page were written with AI assistance for Eagle Home Appraisal Phoenix.