i live in arizona and want a divorce?

Question

i live in az and want a divorce,i gave him money to put down to get the home,but he never put my name on the house like he said he would.and we have kids that i will keep with me after,can i still get half of the home,even though he wouldnt put my name on it? i need this money to suport my kids once the divorce is done,can anyone help me? thanks for any help and info?

Answer 1

Arizona is a community property state. Therefore, unless he can show that the funds he used: (1) for down payment, and (2) monthly mortgage payments, were his sole and separate property (for example, inheritance), that property is yours too.

It DOES NOT MATTER if the deed to the house is only in his name. It DOES NOT MATTER if the mortgage is only in his name.

During a marriage, what is yours is his, what is his is yours. You have an equal stake in the house as he does.

Really, you should (1) sell the house and split the proceeds; or (2) if this is financially feasible for you, stay in the house and 'buy him out' of his share of the house. The only way to do that would be to re-finance the house (if you don't have other money laying around to pay him his share of the house) to pay him his share.

Remember to allow for: closing costs, brokers fees, commissions when determining what the net profit would be [Sales price minus what is owed on mortgage(s) minus brokers fees, Realtor commissions, closing costs (title insurance, appraisal, home warranty, etc.) -- at this point in time -- to determine what his share is.

Good luck!

Answer 2

I live in az too, we are a community property state. and you need to consult with a lawyer.

Answer 3

Good job on trying to even salvage your marriage. I am sure your parents raised you to be a quitter.

Answer 4

yep it is yours too, you came into this marriage with this and he knew this. there are dates and it will come out in court.good luck.

Answer 5

by law.[ yes] as well support for the children as well . this is law. ,,ref,, legal .?