Legal Question in Family Law in Arizona

I have been married to my husband for 2 years....a very rough 2 years. He owns the home we live in and he has 5 vehicles. One of the vehicles I use to go to work, run errands, my children ect. He sold my car to my brother last year and told me I could just drive one of his cars. He purchased 2 of the vehicles after we were married. Everything is in his name only. He tells me when he divorces me I will be leaving without a car. Can he do this? I went back to work a month ago...I make $20,000 per year. He makes $200,000 per year.


Asked on 8/30/10, 9:42 am

1 Answer from Attorneys

Joan Bundy Joan Bundy Law

There are a lot of factors at play here. First of all, if or when he divorces you or you divorce him (same difference in the eyes of the law), he is not going to walk away with all the assets. The court will look at the (very) disparate income and the fact that you apparently took off some time from work to raise your children--plus his ownership of "everything," which looks very controlling and greedy--and the judge is likely to give you generous spousal maintenance as well as child support and maybe even allow you and the kids to continue living in the house. They may order him to change the title on the mortgage and deed so they are in your name only, and then he may be given some kind of comparable (if not exactly equal) asset. Although with the present real estate market I'm not sure I would really call a house much of an asset. He might be ordered to continue paying or at least helping to pay the mortgage. He may get some of the cars but not necessarily all. Also, the car that you said was yours that he sold to your brother? I don't think he can legally do that without your consent, unless his name was also on the car's title.

I would need more informaiton to more fully advise you, but suffice it to say he is not going to get everything and be able to leave you destitute. The Court will arrive at some middle ground that is more fair to both of you.

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Answered on 9/04/10, 11:04 am


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