Full question:
My wife and I married in 2003. I am a foriegn national and had a binding contract to work with my government. As such, have to return to my home country to work for 2 years. During that time, I have made made monetary contributions to my wife by sending her international bank drafts or letting her use my credit card. I also visited her every six months using my vacations. We decided that it would be better for our marriage if I ended my contract and come to the USA. So we filed for immigration paperworks and came to the USA. However, my wife served me the divorce papers a year after we were back togehter in the U.S Because during that time, I got sick and had to have surgery due to a painful disease called multiple schwannomas and that stressed my wife out and which causes her to want to end our marriage. I am still recovering from surgery after 4 months but am back in the workforce now. What recourse do I have during my divorce proceedings? My wife has warned me that I do not deserve a single cent after our divorce. Under Arizona law, if I file for the motion to divide our community property and debts; 1) The house we live in belongs to her before our marriage and is still under her name. Is this considered community property and am i entitled to half the equity accumulated in the house over the 4 years duration of our marriage? 2) She incurred student loans to go back to school during our marriage. Is that considered community debt too?
- Category: Divorce
- Subcategory: Modification
- Date:
- State: Arizona
Answer:
In Arizona, community property laws determine how assets and debts are divided during a divorce. Here are the key points regarding your situation:
1) Regarding the house: Since your wife owned the house before your marriage and it is still in her name, it is generally considered her separate property. However, if the value of the house increased during your marriage, you may be entitled to a share of that increase in equity, depending on how the law interprets contributions made during the marriage.
2) For the student loans: Debts incurred during the marriage, like student loans, can be considered community debt. This means you might be responsible for a portion of those debts, depending on how they were used and the circumstances surrounding them.
It's important to consult with a family law attorney to understand your specific rights and options in your divorce proceedings.
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.