Full question:
If I divorce my husband , Will I get half of our home we have shared in both our names for five years although it was given to him by his Mother and Father before we married ? He added me on the title after we were married because I took the money I had saved and replaced the floors ,and carpets,the home and land are in both our names . I have put a lot of money into this home ,he is a alcoholic, and I want a divorce but have nowhere else to go .
- Category: Divorce
- Subcategory: Property Settlements
- Date:
- State: Arizona
Answer:
The division of property in a divorce depends on various factors, including how the property is classified. In your case, since the home is titled in both your names and you have contributed financially to its upkeep, it is likely considered marital property. Courts generally presume that property acquired during the marriage is marital, even if it was originally a gift to one spouse.
When separate property is placed in joint names, it can be viewed as marital property due to commingling. You may be able to claim a share of the home by demonstrating your contributions and the nature of the property. The court will consider the overall circumstances, including your financial contributions and the use of the property by both parties.
According to Arizona law (A.R.S. § 25-318), the court will assign each spouse's separate property and equitably divide community property. This division may not always be a 50-50 split, as the court has discretion based on fairness and the specific situation of each case.
It is advisable to consult with a family law attorney to discuss your situation in detail and explore your options for divorce and property division.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.