Divorce & Annulment

questions & answers

Question: if there is a civil/amicable decision for couple to divorce, does the house HAVE to be sold, or if agreed in writing to judge, can it be refinanced only under only party's name?

Answer: Division of property in a dissolution of marriage is governed by Arizona Revised Statutes, Section 25-318.  Judges prefer that the parties work out property issues on their own.  When the parties cannot agree, mediation is ordered.  If you are handling this divorce without a lawyer, you can obtain forms from the self-help center of the court's website.  There is no requirement in the law that the house must be sold.  You can sit down with your spouse, work out an agreement, put it in writing and present it to the court.  Unless your agreement contains terms that are illegal or impossible, the court will normally bless it.  The website for the www.azcourts.gov.