Divorce & Annulment

questions & answers

Question: My wife signed a online prenatal that was notarized that basically stated her debt is hers and mine is mine and her finances are hers and mine are mine. We tried to make it work for 3 1/2 years but it’s not working. I brought a house while we were married and put $75,000 down, all my money. We are both on mortgages though. She agreed if we divorced the $75,000 I put down. I would get back and would split any extra money from the sale of the house. Now she has changed her mind and wants to keep the house but there is no way she can buy me out. What are the chases I get my $75,000 back after

Answer: You state that your wife signed a prenuptial agreement before your marriage.  You also stated that you bought a house together using your money and that you are both on the mortgage.  However, you did not say how the deed is held.  Is it in your name alone, in joint tenancy with the right of survivorship or is it held as community property.  You really need to bring all of your documents to an attorney and get help sorting this out.  There are 3 programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  If you are qualified for the program, for a $75 fee, Modest Means  will arrange a one hour consult with an experienced attorney.  The telephone number is (866)637-5341. If the attorney agrees to take your case, the fee charged thereafter will be no more than $75 per hour.   Both the Maricopa and Pima County Bar Associations have lawyer referral programs that offer a 30 minute consult with an experienced attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consult for a fee of $40.  The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute consultation for a fee of $35.  The telephone number is (520) 623-4625.

QUESTIONS

  • My wife signed a online prenatal that was notarized that basically stated her debt is hers and mine is mine and her finances are hers and mine are mine. We tried to make it work for 3 1/2 years but it’s not working. I brought a house while we were married and put $75,000 down, all my money. We are both on mortgages though. She agreed if we divorced the $75,000 I put down. I would get back and would split any extra money from the sale of the house. Now she has changed her mind and wants to keep the house but there is no way she can buy me out. What are the chases I get my $75,000 back after

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
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