Dividing up property is generally one of the most unpleasant phases of a divorce, and the family home is usually the main point of contention. People frequently think that getting a divorce is easier when there are no kids involved, but figuring out who gets the house can still be hard. Read on to learn more.
In Arizona, if the couple bought the house with money from their marriage, it is usually considered community property, even if the title is in one person’s name.
If one spouse owned the house before they got married, got it as a gift, or inherited it, it may be deemed distinct property. But things might get tricky if community money was used to pay the mortgage, make upgrades, or raise the value of the home during the marriage.
What Happens If the House Is Shared Property?
When a home is community property, Arizona courts usually try to divide it fairly, which often means splitting the home’s worth evenly. This doesn’t always mean selling the house, but one spouse normally has to pay the other for their part.
Can One Partner Keep the House?
Yes, one spouse can keep the house, but only if they can pay for it. The courts look at whether that spouse can refinance the mortgage, pay the bills, and take the other spouse off the hook for money.
When there are no kids involved, judges are less worried about stability and continuity in the family and more concerned about justice and money.
What If the House Is Separate Property?
If the residence is clearly independent property, it normally stays with the person who bought it. But if one spouse used marital money or work to help pay the mortgage, make repairs, or increase the value of the property, the other spouse may still have a financial claim.
Get Guidance From an Arizona Divorce Attorney
Dividing up property can have long-term effects on your finances, especially if a home is involved.
Contact High Desert Family Law Group today to discuss your situation and get experienced guidance on protecting your interests during a divorce.
Need Expert Witness Services In Scottsdale?
The High Desert Family Law Group should be your first choice when you need the best divorce lawyer in Scottsdale or Phoenix, Arizona. Our experienced family law attorneys will work with you to obtain the best possible outcome in your situation. Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation.
