Legal Question in Family Law in Arizona
property separation
WE bought a house before we were married. Approx 2 years before. However, we put it in his name because of the lower interest. But, all mortgages have been paid from a joint account. We separated (not legally) for 8 months last year and have been back together for 9 months. There are children involved. Once I returned to the residence 9 months ago, he lost his job and stayed home with kids. He made no mortgage payments during our separation and I have since saved the house from being foreclosed. I hope to settle this without judgements, just having an attorney draw up a fair split. What are my rights towards the house. I hope that we could sell and split so that both can aquire a suitable home for the kids.
1 Answer from Attorneys
Re: property separation
If you refinanced the home into both of your names, the property belongs to both of you. Regardless that you may have made payments using your income and regardless that it was originally in your name, you have changed the nature of the property ownership. If it is in both of your names then the only options are to sell or for one person to take over the house and buy the other party out.
Let me know if there is anything I can do to assist you.
Ronee