Legal Question in Family Law in Arizona
Community Property
I owed a house for five years as sole and seperate property. 3/3/03 I married and the house remained in title as sole and seperate. Two months ago we had to get a home equity loan and the bank had both of us sign the paperwork for the equity loan. Does this now mean that my spouse is half owner of the house (community property state). Can my spouse get the house in the divorce?
2 Answers from Attorneys
Re: Community Property
Under Arizona law, the act of adding her name to the Deed is a "presumed gift" of a one-half interest in the property. That presumption can be rebutted. I would suggest you clarify that as soon as possible even if you are not headed towards a dissolution.
I can explain the issues better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.
Please call me directly to discuss the specifics of your case, or contact my assistant Alicia to schedule a free 1/2 hour consultation.
/s/ Rich J. Peters, Attorney
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R. J. PETERS & ASSOC., P.C.
1422 N. 2nd Street, Suite 100
Phoenix, Arizona 85004
602x254x7251
602x254x1229 (facsimile)
see our web page at www.familylawaz.com
Re: Community Property
from my perspective, you appear to have gifted this property to the community or as we say, transmuted it.
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