Q: What can I get from an emotionally abusive husband that almost lead me to suicide?
I want to divorce my husband and get paid back some of my investment in his house. I fixed the backyard and spent an entire year making it pretty. I want all my furniture and the car he game me. He was very manipulative and controlling, has so much pride, he wouldn't ever accept to be asked to help with the house chores. He would vent for several hours and then complain of not feeling heard. He would put me down and make me feel like I was the worse human being in the world. He used control strategies to make me be whoever he needed me to be. He lies and cheats and he did the same thing to his ex-wife, mother of his daughter. She had it worse, because he name called and was horribly demeaning to her. I know he loved me, and I love him, but his ugly side and pride did not let down with me, he also name called me and he would through a huge tantrum if I ever asked for anything from him. He would say that I was rejecting him and not accepting him for who he is.
A:
His emotional abuse will not affect how property and debt are divided. Under Arizona law, property and debts acquired during a marriage are divided without respect to marital misconduct, such as abuse.
Any improvements made to the home during the marriage, like renovations or upgrades, are considered community property. Even if you contributed more time or money towards these improvements, they are considered a joint effort by "the community". Any increase in the home’s value becuase of thise efforts is still subject to an equitable division.
If the furniture or the car were acquired during the marriage, then they are also subject to an equitable division. I would not be able to tell you what is a fair division of all property and debt without knowing the extent of what there is to be divided.
I absolutely recognize the emotional hardships he has caused you, but It is essential to try to separate your emotions from the legal aspects of the case. The legal process focuses on math, to effect a fair/equitable property and dent division.
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.
Justia Ask A Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
