Legal Question in Family Law in Arizona
equity
We just moved to this town 6 mos ago, we have 3 teenagers, and my husband has decided to leave us. We have quite a bit of equity in this house but if I only get half by law then to move back where we were before here, I would not be able to get a suitable residence for us all that I could afford alone. We've been married 18 yrs and I have been a stay at home Mom for the majority of that time. I have a full time job here now but I want to live near my family which is where we were. Is it the law that He MUST get half of the equity or could he and I make a deal to where I would get more. After all it was his choice to leave rather than seek counseling. It doesn't seem fair that my half has to be used to buy a large enough house for us all while he can get a small place for just himself and squander away that money.
Thx.
1 Answer from Attorneys
Re: equity
Basically, there are 2 ways to finish a case: settlement, or trial. IF you are able to settle, then, YES, he can decide to take less than half of the house. IF we go to trial, then a Judge must divide community property "equitably", which most of the time means equally, and without regard to fault.
In general, I cannot "force" him to take less than half.
I can explain the issues and procedures 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 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
602a254a7251
602a254a1229 (facsimile)
see our web page at www.familylawaz.com
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