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State Support Forums >> Arizona
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Graceful585
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Reged: 06/07/08
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Separated..but not legally...my rights?
      #210764 - 06/07/08 12:10 PM (72.164.72.2)
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Hi,

I separated from my husband of six years for emotional and verbal abuse of my sixteen year old son and myself. I needed to protect my son who has become severely depressed and was wanting to move back east with his father.

My questions are:

We have a house together that was his prior. We refinanced the house two years into our marriage and I am on the deed...if that makes any difference. What if any claims do I have to the house?

I did not work four years of our marriage and now only work part time at our church, 25 hours a week. Would I be able to get spousal support?

He's cut me off from our joint checking account by moving his employment deposits into another separate account. Prior to moving out I removed $5,000 from one of our accounts so that I could get myself and son out of the house and into a rental house and be able to afford it between what I make at the church and this money for several months. I am now seriously wanting to divorce him and my only fret is the credit card bills...they are all in his name and I have a couple in my name only. I know the debt on his cards are around 34,000 and my personal card is $4,000...will a judge order me to pay half of the cards that were in his name??? I will never make the money he does and am diligently working to pay off my own credit card...it just makes me ill thinking about this???

Any insights would be most appreciated.


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Dawn Elise
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Reged: 12/31/07
Posts: 32
Loc: Arizona
Re: Separated..but not legally...my rights? [Re: Graceful585]
      #210937 - 06/08/08 10:44 AM (72.211.184.145)
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You were married only 6 years, most of the time you have to be married at least 7. But you didnt work a majority of the marriage, so you might get some......

You would only be in entitled to the part of the house that was co-mingled into your marriage.

The credit cards - it is going to depend on who ran up the majority of the debt. You can ask for him to pay his and you pay yours..........

If you want my help with this, I can. I am a paralegal with 15 years experience.


SW Legal Services
623-251-7201
dawn@swlegalservices.com
www.swlegalservices.com


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KGrow
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Reged: 01/27/06
Posts: 3098
Loc: Colorado
Re: Separated..but not legally...my rights? [Re: Graceful585]
      #210950 - 06/08/08 12:01 PM (24.8.144.220)
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Arizona is a community property state so any debts or property considered marital will be split 50/50. The $34,000 will be considered marital property for sure.

As far as the house goes, you're going to want to look at change in equity over the course of the marriage. Be careful. If you took money out in the refinance and/or the market value has dropped, the house may represent a net debt rather that an asset.

A 6-year marriage is not considered long-term and therefore it will be difficult for you to get a significant alimony award. The vast majority of these things are settled out of court. You should go a head and ask for it as part of the negotiation process.


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