questions & answers

Question: My boyfriend and I have lived together for 7 years now. Recently his health took a turn for the worst. He is still legally married and his wife says she has the right to come into our home and take whatever she wants upon his death. Is this at all possible or is she blowing smoke? He wants a divorce but hasn't been able to accomplish this because of his health.

Answer: There are on-line resources for obtaining information and documents needed to get a divorce. There are other resources on this site including the article titled “Divorce and Annulment” . It provides general information about divorce options and how it will affects assets acquired before, during, and after his marriage. The general rule governing the protection of marital assets can be found in Title 25 of the Arizona Revised Statutes.  In particular, both spouses are prohibited "from transferring, encumbering, concealing, selling or otherwise disposing of any of the joint, common or community property of the parties except if related to the usual course of business, the necessities of life or court fees and reasonable attorney fees associated with an action filed under this article, without the written consent of the parties or the permission of the court." Since Family Law issues can be very fact specific and are often complicated, contact an attorney for specific legal advice.