Legal Question in Family Law in Arizona

Uncontested divorce

In 1/01, I removed myself and minor son (not husbands) from our home. My husband and I purchased the home prior to our marriage and used the funds from selling my home for the down payment. My name is on the title but not on the loans.

During our marriage we purchased a time share property and a vehicle.

My husband filed in 3/01. I was served April 24, 2001. I have in my possession the vehicle purchased but my husband has titled the vehicle since the filing in his name only.

I'm on permanent Social Security Disability (since 1994) but documents filed indicate I am unemployed. His income /month is $4700 and mine is $1800.

I did not contest the divorce because I was financialy unable to retain an attorney and my husband had agreed to marriage counseling.

I left my husband because he has a sexual addiction, he spent 100's of dollars on sex chat lines. He constantly surfed the web for porn sites and my son was exposed to them.

Since we purchased the home prior to the marriage, does it become part of the community property settlement?

I still have personal property and most of my son's personal property in the home, how can I reclaim it?


Asked on 7/14/01, 12:39 pm

1 Answer from Attorneys

Re: Uncontested divorce

Presuming, you still have the ability to make these arguments (Not sure if he has or will be proceeding by default):

1. A portion of the home will probably be "community", and subject to division. You may also be able to make a priority claim towards your downpayment.

2. You should also be able to make a claim for a fair division of the personal property, and a claim for your son's property.

Please contact my assistant, Cathy, to schedule a free 1/2 hour consultation, to discuss your rights in more detail.

/s/ Rich J. Peters, Attorney

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Answered on 7/16/01, 1:41 pm


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