Divorce in Arizona: Who Keeps the House?
When a couple decides to divorce, one of the biggest financial and emotional decisions is who gets to keep the house. For many couples in Arizona, the family home represents years of investment, stability, and memories—but when a marriage ends, it also becomes one of the most contested assets.
Arizona’s Community Property Laws
Arizona is a community property state, meaning that most assets acquired during the marriage—including the home—are considered joint property and must be divided fairly in a divorce. However, "fair" doesn't always mean a 50/50 split. Several factors can influence who gets the house, or if it must be sold.
What Factors Determine Who Gets the House?
While every divorce is unique, here are some key considerations that courts and attorneys evaluate when determining home ownership:
1. Was the Home Purchased Before or During the Marriage?
If purchased before marriage, the home may be considered separate property, meaning it belongs to the original owner.
If purchased during the marriage, it is typically considered community property, even if only one spouse’s name is on the title.
2. Did One Spouse Contribute More to the Home?
Even if a home was originally separate property, if the other spouse helped pay the mortgage, property taxes, or made improvements, they may have a claim to a portion of the home’s value.
3. Who Can Afford the Home Post-Divorce?
Keeping the home isn’t just about who wants it—it’s about who can afford it. A spouse who wishes to keep the house may need to:
Buy out the other spouse’s share.
Qualify for a mortgage on their own.
Prove they can maintain property costs.
4. Are Children Involved?
Arizona courts prioritize the best interests of the children. If one parent has primary custody, the court may favor keeping the children in the same home for stability.
5. Do Both Spouses Agree to Sell?
In many cases, selling the home and splitting the proceeds is the most practical solution. If neither spouse can afford to keep it or neither wants to, the house is typically sold, and the profits are divided fairly.
Options for Dividing the Home
Once a decision is made, there are a few ways to divide the home:
One spouse refinances and buys out the other.
A co-ownership agreement is created until a later sale.
The home is sold, and profits are split.
What Should You Do If You’re Facing a Divorce?
If you’re going through a divorce in Arizona and are concerned about home ownership, it’s important to seek legal guidance. A family law attorney can help you understand your rights and options based on your unique situation.
At Sims & Sims Law, we help clients in Scottsdale and the Phoenix metro area navigate complex divorce property issues. Contact us today to discuss your case and protect your future.
