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Can money invested into a marital home be returned during a divorce in Arizona?

Phoenix, AZ – One of the most important investments that a couple has is their home. This can contain much of their wealth, and people often develop an emotional attachment to a piece of real property. However, dividing the interest in the home can be complex when a divorce case happens. Because of these potential issues any one who is getting divorced should speak with a family attorney to receive advice regarding how to handle their separation.

A legal advice column for the Phoenix area focused on whether a divorcing spouse can be compensated for the money invested into a home if their former spouse gets to keep the property [1].

Is the investment into a marital home worth anything for the spouse who no longer has the home?

The person who asked the question got a protective order due to domestic violence and left the home voluntarily. She did not want the house but wanted to know if she would be compensated for the investment home at all during her upcoming divorce from her husband. At the time of the report, she had just started the process to end her marriage and had not discussed the issue yet with her own lawyer. 

The answer to this question can depend on whether the couple obtained the house during their marriage or if one of them owned it prior to their marriage. Because Arizona is a community property state, all property interests are generally divided with an even split. There can also be some exceptions such as property that was obtained during inheritance after the death of a relative or as a gift. 

Property division and divorce

Anyone who is divorcing should realize that property division issues are usually the most time consuming. Much of the problems associated with property division can be bypassed if the couple can come to a divorce settlement. However, if all of the property issues need to be litigated in court, this can often take several months or years in situations with lots of shared property interests, assets, and investments. A divorce case that takes longer also tends to be more expensive in terms of legal fees and other costs, which is why mediation and a settlement is highly recommended. 

Family attorneys are available in Arizona

Schneider and Onofry is a family law firm that helps people in the Phoenix area. Anyone who needs to get in touch with an attorney to talk about divorces, child custody, or alimony payments can contact their office to schedule a meeting.

USAttorneys.com is available to help anyone who needs to find lawyers in their city or state. Anyone who wants a referral to a licensed attorney can call 800-672-3103 to get started. 

Firm contact info:

Schneider & Onofry, P.C.

207 W. 2nd St., Yuma AZ 85364

928-257-4887

soarizonalaw.com

 

Sources:

  1. https://www.azfamily.com/video/2023/03/08/legal-corner-if-my-spouse-gets-house-divorce-can-i-be-compensated-what-i-have-put-into-it/
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