Legal Question in Family Law in Arizona
My husband and I currently reside in the home I inherited from my mother when she passed away. At the time of her passing we were not married, or living together at the time. My name is the only one on the deed and mortgage stmts. As this home was acquired before we were married, does my husband have any legal rights to this property in the event of a divorce?
2 Answers from Attorneys
It depends. If, during the marriage, you have spent money to make house payments or to improve the house, he might be entitled to some type of reimbursement, but under the facts you've described, the house itself would be considered your sole and separate property.
He will not have the right to ownership, but if you have spent money on the residence during the marriage or if it otherwise has increased in value, he may be able to make a claim for a share of those increases. Due to recent decreases in home values, he probably would have no interest. BUT, we would need to confirm some figures to be more confident.
We can certainly help you consider and then pursue your divorce options.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation
/s/ Rich J. Peters
RJ PETERS & ASSOC., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
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