Divorce & Annulment

questions & answers

Question: Filing for divorce how do I answer this question when I owned my house before we got married and we have nothing but debt shared? How do you request that the court divide the community, joint and common property between you and your spouse?

Answer: Arizona is a community property state, meaning all property acquired during a marriage is community property.  If you owned your home prior to the marriage and you never added your spouse's name to the deed, the home remains your sole and separate property.  However, if community income was used to pay the mortgage during the marriage, the other party may have a lien interest in 12 those payments.  Arizona Revised Statutes, Sections 25-211 and 25-213.  If you have a lawyer handling your divorce, discuss the issue with the lawyer.  If not, you may want to at least talk to a lawyer before filing.  There are 3 programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  For a $75.00 fee, the Modest Means Program will arrange a one hour consult with an experienced attorney.  The telephone number is (866) 637-5341. Both the Maricopa County Bar Association and the Pima County Bar Association have lawyer referral services that offer a 30 minute consult with an experienced attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consultation for a fee of $40.00. The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute consultation for a fee of $35.00.  The telephone number is (520) 623-4625.  If you are filing on your own, you can list the home as your sole and separate property in the paperwork.