I'm looking for some advise regarding a divorce between my daughter and son in law. My daughter filed for divorce in Feb, 2000 after being married only 3 years. Due to problems in the AZ Supreme Court, she only JUST had her first "temporary hearing" on Sep 6th. She was awarded temporary custody of their two daughters (ages 4 & 1) and child support was set at $1,ooo. per month (down from the state recommended chart of 1,200 per mo. because he asked for a pre-hearing settlement and my daughter felt sorry for him). Plus, the court awarded her an additional $150.00 per month toward back child support. (Right, he hasn't paid anything since day 1). However, my questions is about the division of property. I will try and keep this as brief as I can. In 1994, my husband and I purchased a townhouse for my daughter (single college student). All three of us held title. She lived there and made the mtg. payments. She married in 1996. In 1997 after the birth of their first child, they decided they wanted a single family home. We sold the townhouse and my husband and I signed a "quit claim" so that my daughter could use the profits for the down payment and closing costs on the house. The money was transferred, Title Co. to Title Co. in my daughter's maiden name at closing. In fact, the closing of the house was held up a few days because of the name difference. Anyway, I'm sure you can figure out the rest. My soon to be ex son in law wants the house sold so that he can get what he THINKS should be about $15,000 for his half of the equity! Since there are two children involved, my daughter wants to stay in the house, but does not have the money nor the ability to get the money to pay him off************** My son in law knows full well that if the house is sold there would be no way my daughter could buy another any time soon. He also knows that that house is the only home either of his children have ever known. My arguement is, I believe that he is due equity from the property, but it should be "half of any EARNED equity!" Meaning, half of any equity, less the $12,000 down payment and closing costs that came solely from the sale of the townhouse and was used for the purchase of the property. Am I way off base????? Besides that, he is close to $10,000. behind in child support. There are many many other factors that cause concern and get my emotions boiling, but I try to keep things in perspective..... Any good advise will be appreciated | 
10-26-2000, 12:35 AM
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