How can I ensure my spouse gets 50 of the proceeds from the sale of my home even if we divorce?

UPDATED: Oct 1, 2022

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How can I ensure my spouse gets 50 of the proceeds from the sale of my home even if we divorce?

I know that she is entitled to 50 of the house while we are married as Arizona
is 50/50 state.

However, if we divorce, or I die, I want to ensure she gets 50 of the proceeds
of a sale even it is years in the future.

Can it be a simple contract? Or, would more be involved?

Asked on April 10, 2019 under Real Estate Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Put her on the deed (if she's not already): if she is 1 of 2 owners (a 50% owner), she will be entitled to 50% of the equity in any sale. A real estate attorney can help you do this. It will ensure that no matter what, the house (and its value) is half hers.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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