We have property that we purchased prior to our marriage and I want to know what or who gets the property and other items.

Asked 12 months ago - Mesa, AZ

We purchased the property from a trust account, both names are on the deed. We have added a mobile home, sewer, electricity and septic tank. We also added a shed, fencing around entire property. Who gets the land during the divorce? Does the other party need to buy out the other?

Attorney answers (1)

  1. Benjamin S Kuipers

    Contributor Level 11

    Answered . Sounds like the property was purchased with co-mingled funds, out of a desire to benefit the community, and maintained and developed with new additions to benefit the marital community following marriage. baring an unforeseen and undisclosed development, I believe this property would be considered community property and divided accordingly, 50/50. Either party can buy out the other, or the property can be sold and the proceeds divided. Good luck!

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