Is It A Gift Or Just Paying Bills?

Is It A Gift Or Just Paying Bills? Here is a typical scenario in a divorce case:  One spouse moves out of the marital home and files for divorce. For the next 10 months, he or she continues to pay the $1,800 mortgage, and two car payments of $400 each to ensure their credit isn’t damaged, and to protect the property from repossession or foreclosure. Should those payments totaling $12,000 (non-paying spouse’s half the mortgage and car payment of $400) be considered a gift to the other spouse?  Or, should the paying spouse be entitled to reimbursement from the non-paying spouse? In the past, Courts looked at whether the payment… Read More

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Marital Dissolution and Feelings of Anger

Marital Dissolution and Feelings of Anger A marital dissolution is upsetting, especially if one spouse has cheated. Add in the legal formalities, which include the division of assets and debts, and custody issues if there are children, and you have a nerve-racking situation.  Arizona is a no-fault state, which means the courts don’t look at the reason for the breakup, they only require that the union be irretrievably broken. The legal aspects of the divorce process are often stressful because as the parties involved, you aren’t just splitting up property. All those things which you owned together, whether they are dishes, furniture, jewelry, or vehicles, probably signify happier times, and… Read More

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