Our top priority in this time of uncertainty is protecting the health and safety of our employees, clients, friends and families. Our office will remain open, but we are primarily working remotely. Essential personnel are in the building, but in their own isolated suites. We believe it is prudent to limit in-person meetings and settlement conferences during this time. Currently, the best way to communicate with us is through emails and telephone calls. Be assured that our technology allows us to provide the same seamless service you would have if everyone were here in person. If an in-person meeting is required, we are strictly adhering to CDC Guidelines. We are posting regular updates on how COVID-19 affects family law issues on our blog and our Facebook page.

The McCarthy Law Firm, PLLC

Turning Stress Into Solutions™

Divorce & Marital Residence

Sometimes one person in a married couple has poor credit, but they want to purchase a home anyhow. They end up purchasing it in the name of one spouse only, but use their joint funds to do so or end up paying the mortgage and other home expenses with joint funds. In a divorce, is it fair that the home be awarded to the person who holds the title?

A recent Arizona court case makes this practice a little more fair by giving the non-owner spouse 50% of the equity.

Help is on the way. A recent Arizona court case makes it clear that the equity in property purchased after marriage with community funds, where the community makes all the mortgage payments must be divided equally. The property itself is your spouse’s separate property because you signed a disclaimer deed. But you are entitled to 50% of the equity. This is because the community has something called a lien.

The lien is calculated as if it were titled in both of your names. Your ex will still be awarded the home, but not without your 50% equity being paid.

Yes. A court order is imposed automatically in every divorce action that precludes one person from selling community property. However it does not apply to separate property, even where the community has a 100% interest in the equity. If you find yourself in this situation, you should ask the court to order that the proceeds of sale be held in escrow until the court can make a distribution order.

Message from The McCarthy Law Firm​

The McCarthy Law firm is a full service family law firm that services all family law issues. If you are going through a divorce or have questions about filing for divorce, we are here to assist you. Please call us at 520-623-0341 to explore your options. Turning Stress Into Solutions ™.

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