Legal Question in Family Law in Arizona

Community Property/Vesting

We married in 05/2005. We bought a home together, after marriage. $200K was our down payment. This money came from the sale of his sole & seperate property in AZ before marriage. We split all the current bills including the mtg. Both names are on the DOT. I put down the $5K in earnest money and we bid on the jointly owned home together. If we divorced and the home sold tomorrow, do we each get half of whats left after the sale?


Asked on 1/20/07, 8:18 pm

1 Answer from Attorneys

Rich Peters R. J. Peters & Assoc., P.C.

Re: Community Property/Vesting

The answer to this question is very fact specific. IF he put your name on the Deed, it is a presumed gift. However, that presumption is rebuttable. Thus, again, it is very fact specific and arguments can be made both ways.

I can explain the issues better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Alicia or my paralegal 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

602.254.7251

602.254.1229 (facsimile)

see our web page at www.familylawaz.com

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Answered on 1/23/07, 11:01 am


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