We Own a House in Another State. Can the Arizona Court Divide that According to Arizona Law?
Depends. Although the Arizona court can issue its order dividing the property, the other state is not bound by that order. The circumstances are important here. If an Arizona couple, pursuant to a divorce, agrees on how to divide the out-of-state property, the order should be transferable without much trouble. However, because Arizona does not have in rem jurisdiction, i.e., jurisdiction over the thing, another state’s court may desire to issue its own order, especially when the two states’ laws conflict. Obviously, this can be a messy situation and we may recommend bringing in counsel from the pertinent jurisdiction to effect a team approach. This helps make sure that we get both courts on the same page.
