Divorce & Annulment

questions & answers

Question: If I owned my house before getting married, can I sell it before we're divorced without having to split the money I make from selling it?

Answer: The following is provided for general information only. According to Arizona Revised Statute § 25-213 http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00213.htm&Title=25&DocType=ARS, a spouse's real and personal property that is owned by that spouse before marriage and that is acquired by that spouse during the marriage by gift, devise or descent, and the increase, rents, issues and profits of that property, is the separate property of that spouse. Additonally, property that is acquired by a spouse after service of a petition for dissolution of marriage, legal separation or annulment is also the separate property of that spouse if the petition results in a decree of dissolution of marriage, legal separation or annulment. Sometimes a spouse might unintentionally convert separate property into community property by commingling the separate property with marital community property. Consult with an attorney for advice on how to keep the sale proceeds from the sale of separate property as separate property when the sale occurs before the court grants the divorce decree. To find out how the law applies to specific circumstances, please explore the Legal Assistance (http://www.azlawhelp.org/legalaidlisting.cfm) page on this website to seek assistance from an attorney.

QUESTIONS

  • If I owned my house before getting married, can I sell it before we're divorced without having to split the money I make from selling it?

STORIES

  • I just helped my mother, age 89, deal with her Medicare HMO. . .
  • I just helped my mother, age 89, deal with her Medicare HMO. . .
  • Age discrimination in the workplace. . .

LegalLEARN

YOUR FEEDBACK IS NEEDED

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

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
    Link

ORGANIZATIONS