Legal Question in Family Law in Arizona
Divorce w/ Home in question
I am getting divorced and I purchased a home while married. I am the only party on loan docs but wife is on deed. Wife is refusing to vacate prem saying she is half owner because Arizona is comm prop. state. What is my recourse?
2 Answers from Attorneys
Re: Divorce w/ Home in question
She is right. Arizona is a Community Property state, and all real estate is presumptively held jointly in the husband and wife. The fate of the property will depend on the debts of the household and how the parties decide to divide up the property or, if they can't agree, what a judge decides.
Re: Divorce w/ Home in question
AZ is a community property state and all assets are equitably divided. But that also means all debts are divided as well. If the house is upside down, she could be assigned half the deficiency. Also, the party in posession usually is responsible for all the debt on the property while in possession and/or after a decree is entered. Before a decree is enetered you can ask the judge to give you sole use and posession through Temporary Orders.
You may want to contact an attorney regarding obtaining an equitable distribution of property and debts.
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