Is any part of our marital residence mine if it was purchased just prior to our marriage?

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Is any part of our marital residence mine if it was purchased just prior to our marriage?

My fiance signed 2 separate initial sets of real estate paperwork. First one fell through. During these transactions with different agents he stated my name would be added “at a later date”. We were married 1 year and 4 days ago. My name has been added to nothing. He turned into an emotional abuser. I am contemplating a divorce. We have been married a few days over 1 year. Is any part of this house legally mine? How to make some of it mine?

Asked on August 11, 2011 Arizona


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Assuming Arizona is a community property state which I believe it is, even though your home was purchased before marriage and your name is not on legal title, you would have an ownership interest in the home if:

1. you did not sign any pre-nuptial or post nuptial agreement with your husband stating you had no interest in the home;

2. you husband did not purchase the home with all cash of his own and no loan;

3. during your marriage, you and your husband were paying the home's monthly mortgage from money earned during the marriage assuming there is a mortgage for the home.

You should consult with a family law attorney regarding your ownership interests in the home and your intended marital status with your husband.

Good luck.


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