Housing

questions & answers

Question: I'm getting a divorce and I was going to sell our house and split the equity with my wife and then I was going buy another house for me.Shouldn't I wait till the divorce is final?

Answer: If you are represented by an attorney, ask your attorney for advice.  If you own the house as joint tenants or as community property, the court will divide the property as part of the divorce. If you cannot wait for the Court's decision, it would be in your best interest to have a lawyer draw up a written agreement between you and your wife.  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.  Dividing real property in the context of a pending divorce can be tricky.  If your spouse does not agree to your proposed division of the sale proceeds, things could get messy.  Talking it over with a lawyer is your best bet.