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arizona divorce laws?

My sister has left her husband because of spousal abuse. She moved out of the home and bought her own house. Does she have to split that with him when she files for a divorce?

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  • 1 decade ago
    Favorite Answer

    Why would she not file at least separation papers before that? I mean.. if she had the time and money to buy a house, it could not have been that hard for her to file a simple paper stating separation. If there is no legal separation or divorce filed, then the law still see's the couple as legally married and sharing assets.. hence, yes, he would then have rights to the house. Better tell her to file that paper, its not that difficult... I think its much more work to buy a house than file for a legal separation.

  • 1 decade ago

    Arizona is a community property state and as such all properties and debt that was accumulated from the date of the marriage up until the cut-off date of the marriage is classed as community property. If the spouses are unable to reach an agreement to split the property amicably then the courts will share it out equally. They will take into account the following:

    1. The community, joint tenancy and any other marital property will be divided without any regard to any marital misconduct.

    2. Any property acquired by either of the partners outside the state will be seen as community property providing that the property would have been community property if it were acquired in this state.

    3. The court will not be prevented from considering judgments or damages that resulted from conduct of criminal conviction by either of the spouses.

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