My Ex and I Bought Property Together, But my Name isn’t on the Deed, Am I Entitled to any Profits from the Selling of the Property?

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“My Husband and I bought a house in Phoenix, Arizona. My credit was bad at the time of purchase so his name was solely on the Mortgage as well as the Deed. Before we divorced I paid the Mortgage and all bills by myself for two years and shared the Mortgage and all bills for an additional four years out of a total of eight years of ownership. I did not live at the House for the final two years of ownership nor do I live there now. Our Income Tax records show proof that my Husband had zero income for the two years of which I paid the Mortgage and all bills. Our two Children lived with us in the House before the divorce and we now share joint custody.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

He recently sold the House and profited significantly. Am I entitled to some money?”

Arizona is a community property state. A court in a divorce action would try to divide the value acquird by both of you during the marriage with marital efforts equally. Even though the house was purchased in his name alone, you would still have an interest in it (or its proceeds) in a divorce. You should have had to deal with property division in your divorce, including ownership interest in the house. Look at your judgment to see i this is in there, as that document will have significance to the Court. If you reserved property division (perhaps by bifurcating the issue for a future determination), then the same court that issued your divorce would still have jurisdiction to divide any undivided community property. The equity in the house would be such property.



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Author: House Attorney

A house attorney has answered this question.

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