Divorce & Annulment

questions & answers

Question: If I owned my house before getting married, can I sell it before we're divorced without having to split the money I make from selling it?

Answer: The following is provided for general information only. According to Arizona Revised Statute § 25-213 http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00213.htm&Title=25&DocType=ARS, a spouse's real and personal property that is owned by that spouse before marriage and that is acquired by that spouse during the marriage by gift, devise or descent, and the increase, rents, issues and profits of that property, is the separate property of that spouse. Additonally, property that is acquired by a spouse after service of a petition for dissolution of marriage, legal separation or annulment is also the separate property of that spouse if the petition results in a decree of dissolution of marriage, legal separation or annulment. Sometimes a spouse might unintentionally convert separate property into community property by commingling the separate property with marital community property. Consult with an attorney for advice on how to keep the sale proceeds from the sale of separate property as separate property when the sale occurs before the court grants the divorce decree. To find out how the law applies to specific circumstances, please explore the Legal Assistance (http://www.azlawhelp.org/legalaidlisting.cfm) page on this website to seek assistance from an attorney.