Legal Question in Family Law in Arizona

Home is separate property does husband gain equity

I married 5 years ago. I owned my home and that time and my husband was not added to the mortgage or title. In our 5 years together he has paid half the expenses and husband thinks that he therefore should receive any of that money that would have gone to the equity. (Mortgage is $540, his share $270 and approximately half goes to principle so he figures he is owed 60 months times $135.)


Asked on 8/05/04, 8:12 pm

1 Answer from Attorneys

Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: Home is separate property does husband gain equity

Thank you for your inquiry.

Generally speaking, the home remains your separate property; however, since you and your husband have used "community funds" toward your sole and separate property, he is entitled to be reimbursed for 1/2 of the community contribution toward the principal payments, and potentially, 1/2 of the out-of-pocket costs for any improvements made on the home.

If you'd like to discuss this matter further, please feel free to contact my office to schedule a free initial consultation.

I look foward to hearing from you.

Sincerely,

Monica Donaldson

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Answered on 8/05/04, 8:19 pm


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