HB 2104
Initials LC/DG Page 1 House Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature
Second Regular Session
House: JUD DP 9-0-0-1
HB2104: community property award; convicted spouse
Sponsor: Representative Griffin, LD 14
House Engrossed
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)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note