Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I am recently divorced. my ex wife is still living in our house which we jointly own. The house is on the market for sale but as you know it is very slow. My question is Can I collect rent from her?

Answer:

- Generally, though few exceptions exist, all property acquired by either husband or wife during the marriage is the community property of the husband and wife. See ARS 25-211, for full statute and exceptions. However, a spouse’s real and personal property that is owned by that spouse before marriage…is the separate property of that spouse. ARS 25-213

Therefore, with regard to the property acquired before marriage, each spouse has the sole management, control and disposition rights of each spouse’s separate property. And, with regard to the community property, either spouse separately may acquire, manage, control, or dispose of community property or bind the community, except that joinder of both spouses is required in any transaction for the acquisition, disposition or encumbrance of an interest in real property. ARS 25-214