Divorce & Annulment

questions & answers

Question: Husband wants to buy me of home mortgage which is under my name only. I would love to keep the home but I don't want to start a fight so I am considering moving out with my 2 kids. I want to be the primary household for my kids which is why I want them to live with me most of the time. What should I consider when moving out? Will this affect me negatively in or out of court?

Answer: Your question is a bit confusing.  You have a house and yours is the only name on the mortgage?  In that event, you must have purchased the home before the marriage.  How is the deed held?  If both the deed and the mortgage are in your name alone because you owned the house before marriage, the house is your sole and separate property.  he may have some interest in the house because community income paid the monthly payments, but the court will decide how much.  If you agree to sell and move out, there are things to consider.  The court wants stability for the children.  This is the home where they have always lived.  The neighborhood with their friends.  Think about what you really want.  Your best bet is to sit down with an attorney.  Bring in the divorce papers, mortgage and deed papers and go through everything.  There are three programs in Arizona that you can use to get inexpensive legal advice and guidance.  One is the modest means program.  You will need to apply for the program and meet the financial qualifications.  Once you are qualified, Modest Means will send you a list of attorneys whose practice covers your area of concern.  You select a lawyer from the list and will be entitled to a one hour consultation for $75.  If you need additional help and if the lawyer agrees to take your case, the most you will be charged is $75 per hours.  the telephone number is (866) 637-5341.  Both Maricopa County and Pima County have lawyer referral programs that offer a 30 minute consult with an attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consult with an experienced attorney for $40.  The telephone number is  (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute attorney consult for $35.  The telephone number is (520) 623-4625.

QUESTIONS

  • Husband wants to buy me of home mortgage which is under my name only. I would love to keep the home but I don't want to start a fight so I am considering moving out with my 2 kids. I want to be the primary household for my kids which is why I want them to live with me most of the time. What should I consider when moving out? Will this affect me negatively in or out of court?

STORIES

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