The Question:
My mom bought a house and put me on as a co-owner. I got married later. My husband was in and out of the home, and I paid off the house myself. Does he have any claim to it?
RJ Says:
Even though the home is your separate property, your husband may have a claim if community funds were used to pay for or improve it. Arizona courts apply the Drahos formula to determine a spouse’s equitable lien on separate property when community funds contribute to its value.
The Drahos Formula:
C + [(C / P) × A]
Where:
- C = Total community contributions (mortgage payments, improvements, etc.)
- P = Original purchase price
- A = Appreciation during the marriage
While this is the standard approach, courts can consider alternative methods for a fair outcome. In rare cases, an argument can be made that fairness requires your spouse to receive nothing.
Every case is unique. Speaking with an experienced family law attorney can help protect your interests. Call (602) 256-7575 to schedule a free consultation today.