Can my wife become a silent owner of a property without me?

UPDATED: Oct 1, 2022

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Can my wife become a silent owner of a property without me?

I was married for 28 years and in 2 years ago was divorced. My wife may have entered into a relationship with her new husband 10 years ago and became a silent owner of a home using joint income from us. She is now remarried and it shows that the property was bought back then when we were still married. However, the records only show his name at that tie; now she is akso on the paperwork.

Asked on December 2, 2017 under Family Law, Arizona


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Well, yes, she could purchase property with another without you being on the deed during the marriage.  But if it was purchased with marital funds, her share of the property is marital property for sitribution during a divorce.  You are going to have to di a LOT on investigative work and then you need to open up the divorce based upon her fraud - failure to divulge a marital asset for distribution.  Talk to your lawyer.  Good luck.

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