Legal Question in Family Law in Arizona

Seperate Property

I remarried 2 years ago. My husband moved into my house. The house was bought by me 7 years ago, it is in my name only. I have continued to pay all mortgage/taxes and major repairs i.e. new airconditioner, garage door, dishwasher. I make all payments out of my seperate account in my name only. My pay check is direct deposited into that account. I have tried to keep everything seperate as just after the marriage I discovered that my husband had a large amount of debt. He has no assets and has two Tax judgements against him. He now tells me that if I divorce him he can claim half of the appreciation of the house, as my paycheck is now community property and I have used that to make the mortgage payments. We did have a pre-nup stating that all our seperate property would remain seperate. How do I protect my house. Thank you for any advice you can give me.


Asked on 5/07/02, 5:40 pm

1 Answer from Attorneys
Rich Peters R. J. Peters & Assoc., P.C.

Re: Seperate Property

So long as your prenuptial Agreement was worded well, you should be fine. As far as "how to protect" yourself, I guess that depends on whether you are contemplating divorce or not.

If no divorce, then I am hoping you are already protected by your prenuptial agreement. If there is a divorce, then I am hoping the prenuptial agreement will be sufficient to protect you.

Either way, I can explain the issue better by phone or in person. There is too much to cover via e'mail (and I am not the greatest typist). 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 Cathy to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

JON C. DAKE & 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

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Answered on 5/07/02, 6:22 pm


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