ANSWERS: 2
  • Are you legally separated? If so, then no. Arizona is a community property state. That means that each spouse has an undivided 50/50 share in all marital assets. In other words you both own half the equity in the old house and you both own half the debt. Once you are legally separated, any new assets are "separate property." Therefore, if your husband used marital assets (money earned while married) to pay for the building of the new house, then you are entitled to half the value of the money used. But the new house is not a marital asset. You can certainly settle with your husband and get him to agree that you can keep the new house. But if you rely on the court, you won't get the new house. In fact, if you and your husband disagree on the old house, the court will just order it sold and the equity divided.
  • Or more of his money to pay for the old house..but probably not indefinately.

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