Q: I owned my own home 2 years prior to being married. Husband hasn’t been put on the title/deed. Does he have any rights to the home?

I make the mortgage payments through my individual bank account. He has become involved with a neighbor, He waits until our daughter and I go to sleep, then goes there. He refuses to leave, saying its his house, too. This being a community property state, what are my rights? How can I get him to leave…court order?

A: To Answer Your Question: Chances are that the community does have some claim to at least part of the home. As you mentioned and you know Arizona is a community property state. Yes, the house was yours coming into the marriage and it is a good thing that you made all of the payments out of an account that was solely yours. However, if any of that money that you used to make the mortgage payment was earned during the marriage, that money is considered community property. Chances are also good that at least some community money was used for upkeep or household expenses regarding the house.

Something that could work in your favor is if this account that you are using to pay the mortgage was funded prior to your marriage and that you used no community money to make the payments, you may then have an argument that the house is solely yours. It will be a tough thing to prove that no community money has gone to the house but it is possible.

You are in an unfortunate situation which most divorces are. The fact that he is involved with the neighbor will have no bearing on the situation. I am guessing that you are going to need a court order to determine who owns what and who owes who money. A court order may also be the best way to get him out of the house, outside of that, there is not much that is going to make him leave.

If it is a divorce that you are seeking or if you are just interested in getting him out of the house, you should seek the assistance of an experienced divorce attorney sooner than later. Many family law lawyers offer free consultation in which you can get your questions answered and you can formulate a plan of attack to seek out the outcome that you want.

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Re-Published from: AVVO Legal Answers and Questions