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Question about real property in settlement

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AzGrown

Junior Member
What is the name of your state (only U.S. law)? Arizona

I have a question regarding real property or real estate acquired during marriage- my husband and I built an addition on to his parents house
that we got a $5,000 loan for and when I left he took the whole thing down and turned into a garage. We had a small fridge, two ac units that
were new and very expensive french doors ( 4 of them) that he sold and did not give me any of the money from them. Can I put that down
in my response to his petition under real property or real estate and be compensated for my half ? And if so would I list each item separately or
just use the loan amount of $5,000 ? We live in Arizona so it is a community property state. Thank you !!!
 


latigo

Senior Member
What is the name of your state (only U.S. law)? Arizona

I have a question regarding real property or real estate acquired during marriage- my husband and I built an addition on to his parents house that we got a $5,000 loan for and when I left he took the whole thing down and turned into a garage. We had a small fridge, two ac units that were new and very expensive french doors ( 4 of them) that he sold and did not give me any of the money from them. Can I put that down in my response to his petition under real property or real estate and be compensated for my half ? And if so would I list each item separately or just use the loan amount of $5,000 ? We live in Arizona so it is a community property state. Thank you !!!
Nothing you have described indicates that you and your husband "acquired any interest in real property".

Any materials used in building the "addition to his parents' house" - including the French doors - took on the character of "real property". But those improvements inured to the benefit of and became the property of your in-laws; not you and your husband.

So, when he removed and sold the French doors he was not selling his and your "community property". He was selling doors belonging to his parents!

I'm not sure what you have in mind by using "the loan amount of $5000" in lieu of other proposed claims. But if I were you I would be asking the court to assign the loan to the husband - indemnifying you from further liability - arguing that the loan proceeds were solely used to benefit his parents and not the community estate.

Also, just because the law permits you to represent yourself in court, doesn't make it a good idea! You are already much confused about your property rights and you haven't completed the pleading stage.

[SUP]Someone (I think it was our 16th President) is said to have remarked. "A man who represents himself in court has a fool for a client."[/SUP]
 

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