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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Marital and Domestic Relations
Chapter : HUSBAND AND WIFE, PROPERTY AND CONTRACT RIGHTS
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25-201 Definitions
In this article, unless the context otherwise requires:
1. "Premarital agreement" means an agreement between prospective spouses that is
made in contemplation of marriage and that is effective on marriage.
2. "Property" means an interest, present or future, legal or equitable, vested or
contingent, in real or personal property, including income and earnings.
25-202 Enforcement of premarital agreements; exception
A. A premarital agreement must be in writing and signed by both parties. The
agreement is enforceable without consideration.
B. The agreement becomes effective on marriage of the parties.
C. The agreement is not enforceable if the person against whom enforcement is
sought proves either of the following:
1. The person did not execute the agreement voluntarily.
2. The agreement was unconscionable when it was executed and before execution of
the agreement that person:
(a) Was not provided a fair and reasonable disclosure of the property or financial
obligations of the other party.
(b) Did not voluntarily and expressly waive, in writing, any right to disclosure of
the property or financial obligations of the other party beyond the disclosure provided.
(c) Did not have, or reasonably could not have had, an adequate knowledge of the
property or financial obligations of the other party.
D. If a provision of a premarital agreement modifies or eliminates spousal support
and that modification or elimination causes one party to the agreement to be eligible for
support under a program of public assistance at the time of separation or marital
dissolution, a court, notwithstanding the terms of the agreement, may require the other
party to provide support to the extent necessary to avoid that eligibility.
E. An issue of unconscionability of a premarital agreement shall be decided by the
court as a matter of law.
F. If a marriage is determined to be void, an agreement that would otherwise have
been a premarital agreement is enforceable only to the extent necessary to avoid an
inequitable result.
25-203 Scope of agreement
A. Parties to a premarital agreement may contract with respect to:
1. The rights and obligations of each of the parties in any of the property of
either or both of them whenever and wherever acquired or located.
2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume,
expend, assign or create a security interest in, mortgage, encumber, dispose of or
otherwise manage and control property.
3. The disposition of property on separation, marital dissolution, death or the
occurrence or nonoccurrence of any other event.
4. The modification or elimination of spousal support.
5. The making of a will, trust or other arrangement to carry out the provisions of
the agreement.
6. The ownership rights in and disposition of the death benefit from a life
insurance policy.
7. The choice of law governing the construction of the agreement.
8. Any other matter, including their personal rights and obligations, not in
violation of public policy or a statute imposing a criminal penalty.
B. The right of a child to support may not be adversely affected by a premarital
agreement.
25-204 Amendment or revocation of agreement
After marriage, a premarital agreement may be amended or revoked only by a written
agreement signed by the parties. The amended agreement or the revocation is enforceable
without consideration.
25-205 Limitation of actions
A statute of limitations applicable to an action asserting a claim for relief under
a premarital agreement is tolled during the marriage of the parties to the
agreement. However, equitable defenses limiting the time for enforcement, including
laches and estoppel, are available to either party.
25-211 Property acquired during marriage as community property; exceptions
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.
25-213 Separate property
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.
25-214 Management and control
A. Each spouse has the sole management, control and disposition rights of each
spouse's separate property.
B. The spouses have equal management, control and disposition rights over their
community property and have equal power to bind the community.
C. Either spouse separately may acquire, manage, control or dispose of community
property or bind the community, except that joinder of both spouses is required in any of
the following cases:
1. Any transaction for the acquisition, disposition or encumbrance of an interest
in real property other than an unpatented mining claim or a lease of less than one year.
2. Any transaction of guaranty, indemnity or suretyship.
3. To bind the community, irrespective of any person's intent with respect to that
binder, 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.
25-215 Liability of community property and separate property for community and separate debts
A. The separate property of a spouse shall not be liable for the separate debts or
obligations of the other spouse, absent agreement of the property owner to the contrary.
B. The community property is liable for the premarital separate debts or other
liabilities of a spouse, incurred after September 1, 1973 but only to the extent of the
value of that spouse's contribution to the community property which would have been such
spouse's separate property if single.
C. The community property is liable for a spouse's debts incurred outside of this
state during the marriage which would have been community debts if incurred in this
state.
D. Except as prohibited in section 25-214, either spouse may contract debts and
otherwise act for the benefit of the community. In an action on such a debt or
obligation the spouses shall be sued jointly and the debt or obligation shall be
satisfied: first, from the community property, and second, from the separate property of
the spouse contracting the debt or obligation.
25-217 Ownership of property acquired after moving into state
Marital rights in property which is acquired in this state during marriage by
persons married without the state who move into the state shall be controlled by the laws
of this state.
25-218 Surrogate parentage contracts; prohibition; custody; definition
A. No person may enter into, induce, arrange, procure or otherwise assist in the
formation of a surrogate parentage contract.
B. A surrogate is the legal mother of a child born as a result of a surrogate
parentage contract and is entitled to custody of that child.
C. If the mother of a child born as a result of a surrogate contract is married,
her husband is presumed to be the legal father of the child. This presumption is
rebuttable.
D. For the purposes of this section, "surrogate parentage contract" means a
contract, agreement or arrangement in which a woman agrees to the implantation of an
embryo not related to that woman or agrees to conceive a child through natural or
artificial insemination and to voluntarily relinquish her parental rights to the child.
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