Legal Question in Family Law in Arizona

Keeping my house

I have been in a relationship for about a year and a half and married about 5 motnhs now. We have been fighting since the beginning and now it looks like we will get divorced. Since I moved in with this man he has managed to break alot of my things that can't be replaced. If it were not for me he would have lost his house a year ago. I brought up the mortgage payments he was 3 motnhs behind in and the property tax he was 3 years behind in. We put all the legal papers in my name as well, excpet for the deed. All of the vehicles are in my name because he has a DUI and can't drive until he put a breathalyzer in his truck. Also I paid all his fines for his DUI. HE works when he wants to because he would rather stay home and get drunk instead. When I leave he will lose his house, but I would rather keep it and get him out. Is that possible and if so how do I go about it?


Asked on 8/19/02, 1:02 pm

1 Answer from Attorneys

Re: Keeping my house

Your position is somewhat dicey because your house is deeded in your husband's name, even though you've contributed to paying for it. A judge could make financial concessions to equalize it if your husband had resources, but you're saying he's out of work and pretty broke. In other words, your situation is somewhat complex.

If you both agree that it's time for a divorce, and would like to keep the costs down, may I suggest that your situation is perfect for mediation? In mediation, a neutral mediator helps the two of you cooperate to figure out something that would be fair to each of you. You both keep control of the outcome of the property settlement, rather than taking your chances with a judge.

Mediation works even where parties are fighting a lot - in fact, it's designed to de-escalate conflict, shorten the amount of time it takes to work through problems, and to keep costs at a minimum.

As you may have guessed, I'm an attorney-mediator. If you're interested in mediation as an alternative to traditional divorce litigation, you may wish to check my web site to read more about mediation, at www.yesmediation.com. Feel free to contact me if you have questions, or if you prefer to talk to a traditional divorce lawyer and need a referral. I know several I trust.

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Answered on 8/19/02, 1:40 pm


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