What Happens If There Is Only One Party on Title?
Many divorcing couples assume that the person named on the title is the sole owner of the home. But Arizona is a community property state, which means that ownership rights don’t always match what’s on the deed. Here’s what you need to know about home ownership during divorce.
Title vs. Mortgage: What’s the Difference?
Title = Ownership Rights
Mortgage = Financial Responsibility
If a home was purchased during the marriage, it may still be community property, even if only one spouse is on the title.
What If the Home Was Purchased Before Marriage?
If one spouse bought the home before marriage, it could be separate property. However, if marital funds were used for mortgage payments, renovations, or maintenance, the other spouse may have a claim to a portion of the equity.
What If One Spouse Wants to Keep the Home?
If one spouse is on the title but both contributed to mortgage payments, options may include:
Refinancing to remove the other spouse’s financial obligation.
A buyout agreement where one spouse pays the other for their share of equity.
Court-ordered division if no agreement can be reached.
Legal Considerations in Arizona
Under Arizona law:
A spouse not on the title may still have rights to the property if community funds were used.
Courts may award a portion of the home’s value to the non-titled spouse based on contributions made during the marriage.
If a prenuptial or postnuptial agreement exists, it could impact property division.
Final Thoughts – Let’s Protect Your Ownership Rights
Before assuming who owns the home, call, text, or email me today—let’s review your title and loan structure to ensure you get a fair outcome.