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.)
1 Answer from Attorneys
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