rokymtnred said:
My girlfriend is moving to Arizona and needs to know if it is a community property state. She had a house of her own when she married and is now selling it to move to Arizona. She has not yet gotten a divorce and is wanting to. Her husband is in jail in Minnesota. If she files for divorce when she gets to Arizona, could he have any right to ask for the proceeds of the home sale in Colorado (which is not a community property state) what she brought into the marriage is hers and not his (since the were only married about 6 years)? Any information you can provide me will be of great assistance to her. I've been telling her for the past year she should file for divorce.
My response:
Yes, Arizona is a Community Property State. And no, he wouldn't be entitled to her property proceeds in Colorado, unless he assisted paying the mortgage. Although not a Community Property State, Colorado would divide all marital assets and debts on an "equity basis" - - that is, what would be "fair" to all parties concerned. Any property acquired and paid for by her prior to the marriage would remain hers.
Because we're talking about Real Property, Arizona would have no jurisdiction over the property in Colorado anyway. It would be far easier, and less expensive, if she filed in Colorado; that way, all issues could be dealt with in one court. If she files in Arizona, the marriage would be dissolved there, but then she'd have to file a Petition in Colorado concerning any property division or to determine equity interests. Just do it all in Colorado.
Good luck to her.
IAAL
