Divorce and Remarriage

questions & answers

Question: if i am the owner of the house do i have the right to live there when going to divorce

Answer: This question doesn't provide enough information to allow for a full and complete answer.  Obviously, you are married and are going through a divorce.  Is the home your sole and separate property?  Is your spouse's name on the deed?  Is your spouse's name on the mortgage?  Under Arizona law, A.R.S. section 25-315, the Court issues a temporary order or preliminary injunction when a divorce is filed.  That order limits what either party to the divorce can do in the way of selling, taking or borrowing property.  If there is a dispute over who will live in the house pending the outcome of the divorce, either party may file a motion with the Court asking for  a ruling on the issue.  The best thing to do if the divorce is contentious is to speak with a lawyer and get legal advice specific to your situation.