The Question:
My parents owned a house in Arizona. I moved in with my kids in 2015. In 2021, I bought the house from them. My husband has been gone since 2015 and hasn’t helped pay. I tried filing for divorce in 2016, but he disappeared. Now he’s back and has filed for divorce, requesting part of the house. Is he entitled to part of it?
RJ Says:
This situation is complex. Under Arizona law, any payments made during the marriage are considered “community contributions.” Even though the house was gifted solely to you, the payments made toward the house while you were married may be viewed as community payments toward separate property. Your husband could claim reimbursement for those community contributions.
That said, Arizona courts are courts of equity, meaning they have the discretion to seek fair outcomes based on the unique circumstances of each case. Given your separation since 2015 and your prior attempt to divorce, you may argue that it’s inequitable for him to now seek a share of the house, especially if he contributed nothing toward its acquisition or upkeep.
To protect your interests, consult with a qualified family law attorney to carefully evaluate your situation and build a strong case. Many family law attorneys, including our office, offer free half-hour consultations. This is an excellent opportunity to discuss your options in detail and develop a strategic plan. Call (602) 256-7575 to schedule your free consultation today.