Legal Question in Family Law in Arizona
marital lien
Currently I am going through a divorce. We are fighting over the house. I purchased the home before marriage and it is still only in my name. He has claimed he has but a marital lien on the home. What does this mean and can he do this even though the house paperwork mentions his name at all? We have been married 2 1/2 yrs, no children.
2 Answers from Attorneys
Re: marital lien
A marital lien can be created because of improvements made to the home, or even just the mortgage payments made on the home during the marriage.
I can explain the issues involved 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 Tasha 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
Re: marital lien
Although the house is entirely in your name, any funds that were paid toward the house (mortgage, repairs, upgrades, etc.) during the marriage are presumed to have been made with community property funds. This may entitle him to some sort of reimbursement under the "community lien" theory. It is difficult to explain by email, but we offer a free initial consultation, so please call the office (480.792.9770) to schedule a time to speak with one of our attorneys about the details of your situation.
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