questions & answers

Question: my husband transferred my earned money from our joint account in which only my salary use to come in his personal account without my concern.Can i claim my money without filling a divorce case.He also caused physical harm to me but i didn't called 911.

Answer:

- In Arizona, there is a difference between community property and personal property. ARS 25-211 says that all property acquired by either husband or wife during the marriage is the community property of the husband and wife except for property that is acquired by gift, devise or descent. However, ARS 25-213 says that a spouse’s real and personal property that is owned before marriage and that is acquired during marriage by gift, devise or descent….is the separate property of that spouse. Nevertheless, with respect property that is acquired during marriage that is considered community property, ARS 25-214(c) says that either spouse separately may acquire, manage, control or dispose of community property. An exception to this would be property that is acquired by a spouse after service of a petition for dissolution of marriage, legal separation or annulment…if the petition results in a decree of dissolution of marriage, legal separation or annulment, see ARS 25-213(b). If a person is victim of domestic violence, they should call 911 immediately. Further information can be found here.