GET STARTED | Get A Considerate Cash Offer Today

  • This field is for validation purposes and should be left unchanged.

Who Gets the House in a Divorce in Phoenix, AZ?

Read to find out more about who gets the property when going through a divorce in Phoenix, Arizona.

Divorce can be a challenging and emotional time, and one of the most contentious issues often revolves around the division of property, particularly the family home. In Phoenix, AZ, the process of determining who gets the house in a divorce can be complex and varies depending on several factors. This article will explore the legal considerations, the options available to couples, and how to navigate the sale of the home if both parties want to sell it for the money.

Table of Contents

Understanding Community Property in Arizona

Arizona is a community property state, which means that all assets acquired during the marriage are generally considered equally owned by both spouses. This includes the family home, regardless of whose name is on the deed. However, there are exceptions for properties acquired before the marriage or through inheritance or gifts, which are considered separate property.

Determining Who Gets the House

When it comes to dividing the family home, several factors come into play:

1. Equitable Distribution: Although Arizona is a community property state, the court aims for an equitable distribution of assets. This doesn’t always mean a 50/50 split but rather what is fair and just considering each party’s circumstances.

2. Children: If the couple has children, the court may favor awarding the house to the spouse who will have primary custody to provide stability for the children.

3. Financial Circumstances: The court will consider the financial situations of both parties. If one spouse can afford to keep the house and buy out the other’s share, they may be awarded the property.

Selling the House

In many cases, both parties may agree that selling the house is the best option, especially if neither can afford to keep it on their own. Here are the steps involved in selling a house during a divorce:

1. Agreeing to Sell: Both parties must agree to sell the property. This can be done through mediation or negotiation with the help of their attorneys.

2. Choosing the Selling Route: There are two main options for selling the house – the traditional route with a real estate agent or selling to a We Buy Houses company.

Traditional Route with a Real Estate Agent

Selling your home through a real estate agent involves listing the property on the market, staging it, and showing it to potential buyers. This method can potentially yield a higher sale price but may take longer and involve more preparation and costs.

Selling to a We Buy Houses Company

For those who want a quicker, more straightforward sale, selling to a We Buy Houses company like Patriot Flip can be an excellent option. These companies buy homes for cash, often as-is, which means you can avoid the hassle of repairs, staging, and long waiting periods. This option can provide the liquidity needed to move forward faster, particularly during a stressful divorce.

Finalizing the Sale and Division of Proceeds

Once the house is sold, the proceeds will need to be divided between both parties. This division should be based on the agreement reached during the divorce proceedings or as ordered by the court. It’s essential to work with a financial advisor or attorney to ensure a fair distribution.

Conclusion

Divorce is never easy, and deciding who gets the house can be one of the most challenging aspects. Understanding Arizona’s community property laws and knowing your options for selling the home can help make this process more manageable. Whether you choose the traditional route with a real estate agent or opt for a quick sale with a We Buy Houses company like Patriot Flip, it’s crucial to make an informed decision that best suits your financial and personal needs. Thank you for reading. I am not an attorney, so if you’re facing a divorce, you should always consult with an with a trusted legal department.


Check out our latest Blog Posts Below:


Patriot Flip is an Arizona Cash Home Buyer, helping homeowners Sell Houses Fast for Cash. Click on your City or one nearest to you to request a Cash Offer today.


As a We Buy Houses in Arizona Company, Patriot Flip helps Sell My House Fast in Arizona for the Best Cash Offer.

Author: Mark St. Peter

Mark St. Peter is a real estate professional with extensive experience in real estate investing, real estate sales and building businesses. He’s covered real estate across northern California, as well as Arizona.

Mark founded Patriot Flip to assist homeowners looking for alternative solutions for selling a property, rather than going the traditional route of paying commission, hidden fees and long waiting times.

Get More Info On Options To Sell Your Home...

Selling a property in today's market can be confusing. Connect with us or submit your info below and we'll help guide you through your options.

Get An Offer Today, Sell In A Matter Of Days

Enter your email to access the property detail page and request a cash offer.
  • This field is for validation purposes and should be left unchanged.

Leave a Reply

Your email address will not be published. Required fields are marked *

Call: