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Submitted 39 days ago...

mcortesg

mcortesg

New User (1)

Do i have the right to the house even if its under his name?

I have been married for 3 years and am seeking a divorce in AZ. When he bought the house, we were living together but not married. The house is under his name, and we lived for about 2 years together before getting married. Do I have any rights to the house?

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Answer 1 / 2 - Submitted 39 days ago...

bobintexas

bobintexas

Professor (1,341)

Since Arizona is a community proerty state, the house will be a bargaining chip for you but anything you own he can lay claim also. I suggest you sit down and figure out an equal split among your assets and liabilities. If he doesn't or balks get a pitbull attorney.

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Answer 2 / 2 - Submitted 39 days ago...

SRDEsq

SRDEsq

Brain (3,690)

When either spouse files for a divorce, all the community property must be divided into separate property, so each spouse is allocated a certain "equitable" amount of the property. In addition, all community debt must be "equitably" divided. The term "equitable" means that each spouse is entitled to roughly half of the community property and debts.It usually does not matter who paid for the property directly, whose credit it was purchased under, or who uses the property most of the time. If the parties cannot agree upon a division of the community property and community debts, then the court will make a division of that property and those debts.

Property that was received as a gift by one particular spouse, or that was an inheritance by one spouse, is not generally community property. Also, property that either spouse bought or acquired or paid for before the marriage is generally not community property. But there might be some other results if during the marriage the spouse continued to make payments on the property with community funds. It is possible for separate property to be "co-mingled" so that it loses its status as separate property and becomes community property (i.e. a home owned by one party is deeded to both parties or where community funds are mixed in with separate funds).

It appears to me that the purpose of the purchasewas so the two of you could and did cohabitate with the intention of marriage. I think most courts will see it that way also.

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Do i have the right to the house even if its under his name?

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