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State Support Forums >> Arizona
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CSJ
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Reged: 06/24/08
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Do Children influence division of property?
      #214291 - 06/24/08 07:59 AM (70.190.145.211)
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Married 14 years, 2 children, 6 year old and ten year old. In Arizona does getting custody of the children have any influence in how the home is divided? Is there a chance the mother (who will get custody) would be given the home since it would be a better environment to raise the children. Would she have to reimburse the spouse for his 50% of the house?

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justmejulia
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Re: Do Children influence division of property? [Re: CSJ]
      #214419 - 06/24/08 12:38 PM (70.98.203.133)
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Everything you own and everything you owe...50-50. So yes the house will have to be sold or one party will have to buy out the other. This state is just awful. Make sure you have everything from school lunches to clothing costs in your court order or you may get nothing. My ex has our daughter 50% of the time and has not bought 1 item of clothing in 4 years! Refuses to pay for anything that is not in the order.

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Dawn Elise
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Re: Do Children influence division of property? [Re: CSJ]
      #215246 - 06/26/08 05:26 PM (72.211.184.145)
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No - custody and property are two different issues.

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KGrow
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Re: Do Children influence division of property? [Re: CSJ]
      #215322 - 06/26/08 10:23 PM (24.8.144.220)
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Whoever gets the house will have to buy out the other's share of ownership of the house. If you both want the house and both can afford to buy out the other, the parent with the majority parenting time will probably be given preference.

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LoveChild
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Re: Do Children influence division of property? [Re: CSJ]
      #227584 - 08/21/08 09:30 AM (98.165.173.133)
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[quote]Married 14 years, 2 children, 6 year old and ten year old. In Arizona does getting custody of the children have any influence in how the home is divided? Is there a chance the mother (who will get custody) would be given the home since it would be a better environment to raise the children. Would she have to reimburse the spouse for his 50% of the house? [/quote]

The mother will get the house if she asks for it in Arizona. The father will be entitled to 50% of the equity in the home.

The judge is under no obligation to split possessions 50/50. It will most likely be skewed toward the mother.
For example, if the parties do not come to an agreement on personal property split, the judge will let the mother keep most of the household appliances, furnishings and such.


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