Q: I don't think I owe my soon to be ex anything
I was a SAHM the majority of our marriage due to two of our children being special needs. There was DV in the marriage. My parents owned a house in AZ and offered for me and my kids to move in in 2015 to get a fresh start. In 2017 I obtained a good steady job. In 2018, their father stopped all financial support. My youngest was 13 at the time. So I became fully financially responsible for my children, plus they lost their health insurance when their dad quit his job in 2018 so I added them to my insurance. In 2021 my oldest son and I bought the house from my parents. At no time did their dad pay anything towards the house. He was never on a lease, he is not on the title, he paid nothing towards the house. I tried filing for divorce in 2016, but he disappeared and then my youngest son passed away so it was the last thing on my mind. But now he is back, he filed for divorce and he wants alimony and part of the house. He hasn't provided anything in ten years. I live in AZ.
A:
Because you made payments during the marriage those are technically considered community payments. Thus, since the house was gifted only to you during the marriage , you then were making community payments towards a piece of separate property. Husband can claim reimbursement for "community contributions" made to your separate property using community funds.
However, given the duration of your separation and prior attempts at divorce, you may attempt to defend this claim based upon fairness. Arizona family courts are courts of equity. This principle allows the seek outcomes that are fair when necessary. We would want the Court to consider your unique facts rather than strictly adhering to predetermined formulas.
A qualified and experienced family law attorney can of course assist you in considering your options and then getting where you need to be. Most of us offer free, 1/2-hour consultations, in which your matter can be discussed in detail. That would be a great opportunity to discuss the specifics of your matter and develop a plan. I would encourage you to quickly schedule this free consultation.
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