Legal Question in Family Law in Arizona
Annulment vs divorce?
My brother in law married 6/5/04, is looking to divorce his wife. He has a child outside of the marriage she has 2 outside no common children though. She left him abruptly in July 05, took all furnishings with her, then came back in Dec 05. During the time she admitted infidelities. She left again in Oct 06, again with all the home furnishings(he changed the locks when she left 2nd time, so she had the door kicked in), took 1800.00 out of the account, and the minivan. The police couldn't do anything because it was his wife. My question is now, she wants the house. All property (House, motorcycle, Truck and minivan) is in his name only. The deed on the house states owned by a married man as his sole and seperate property. He has since given her the truck, traded the van for another truck, and hasn't bothered to get the furnishings back basically chalking it up as a loss because no papers have been filed. Does she have rights to these assets given the length of the marriage as well as infidelities and removing the goods without thoughts of any division. She believes since he married her, and she no longer wants to be in the marriage it all goes to her. Help if you can?
2 Answers from Attorneys
Re: Annulment vs divorce?
As a simple answer, Arizona requires that all community property which exists at the time papers are filed and served must be fairly divided. Property purchased during the marriage is generally considered community property. If he bought a house, AND she signed a disclaimer deed during the marriage, then perhaps she has waived her interest. Husband could also claim that it would be "unfair" to allow her half of the residence given the other property issues. Infidelity will not likely have an affect on the overall division.
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Please have him call me directly to discuss the specifics of his case, or contact my assistant Jennifer 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
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Re: Annulment vs divorce?
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