Legal Question in Real Estate Law in Arizona
Divorce/Property
My wife moved out, filed for divorce. We share the mortgage. She is renting her own place, has not paid any of the mortgage for 3 months. I am paying the mortgage alone. Do I have any right to keep her off the property at this point?
2 Answers from Attorneys
Re: Divorce/Property
This is not a real estate question, but a divorce/family law question. Re-submit in that category and you will possibly get an answer from an attorney in that area. Get an attorney to help you in your divorce, since the issue of the house will have repercussions on your life and credit in the future.
I doubt you can keep her off the property she also owns without a court order giving you the exclusive use of the property. Try to settle this issue to save hassle and fees. Get an attorney to write up a settlement agreement.
Good luck.
Re: Divorce/Property
The previous answer submitted is correct in that you will need a court order granting you exclusive use of the marital property during the pendency of your divorce. However, if there is any domestic violence, you can also request an order of protection from the judge.
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