Phoenix, AZ asked in Divorce for Arizona

Q: Can the proceeds from the sale of a house be put in a escrow account until divorce is filed?

my wife and I are getting a divorce. we are currently living in the same house.

She had agreed that certain bills would be paid, then the remaining funds would be split 50/50.

I have been paying these (with a loan from my Dad) and some are outstanding.

She now reneged on that deal and wants her 1/2 before any of the owed money is paid.

and that is my problem

nothing has been filed yet.

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1 Lawyer Answer
John R Gaertner Jr
John R Gaertner Jr
  • Licensed in Arizona

A: My suggestion would be to file for the Dissolution/Divorce now and address the community finds in the escrow account and the bills in your proceeding. The preliminary injunction would be in effect after service upon your wife and that controls what can and cannot be done with community property. Waiting any longer does not appear to be of any benefit to you in what you want to accomplish at this time.

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