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Divorce Dilemmas: Navigating the Sale or Trade of Your Ex-Spouse’s Car in Arizona

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Navigating the Sale or Trade of Your Ex-Spouse’s Car in Arizona

Navigating the complex world of divorce can be emotionally draining and legally challenging, especially when dealing with assets like cars.

As a legal paraprofessional from De Novo Law, a Phoenix, Arizona-based firm specializing in family law, we are here to help you understand your rights and responsibilities concerning your ex-spouse’s car during and after a divorce with children.

In this article, we will discuss the following topics:

According to a study by the American Psychological Association, approximately 40 to 50 percent of married couples in the United States get divorced.

Knowing your rights and responsibilities when dealing with assets like cars during a divorce is essential.

In Arizona, the legal ownership of a car is determined by the name on the title.

Arizona Revised Statute § 28-2060 states that a vehicle’s title is evidence of ownership.

If the car is in your name, you are the legal owner.

However, if the car is in your ex-spouse’s name, they are the legal owner.

You are co-owners if the car’s title is in both of your names.

In the case of co-ownership, you can sell or trade the car if both parties agree.

However, if your ex-spouse disagrees, you may need to address this issue in your divorce proceedings or seek legal help to resolve the dispute.

Division of Assets and Community Property

Arizona is a community property state, meaning that any property acquired during the marriage is generally considered community property and must be divided equitably upon divorce.

Arizona Revised Statute § 25-211 defines community property as any property acquired by either spouse during the marriage, except for gifts and inheritances.

The car would likely be community property if purchased during the marriage.

If the car is community property, you and your ex-spouse must agree on whether to sell the car.

The court can decide during the divorce proceedings if an agreement cannot be made.

 

Car Loans and Financial Responsibilities

If the car has a loan and you are the primary borrower, you may be responsible for the debt even if your ex-spouse possesses the car.

Arizona Revised Statute § 25-318 addresses the division of debts in a divorce, stating that the court may assign each spouse their proportionate share of the community debts.

If you are making payments on your ex-spouse’s car, you should discuss this issue with your attorney or legal paraprofessional to determine your rights and responsibilities.

You may need to negotiate with your ex-spouse or seek a court order to transfer the loan or refinance the car in their name to remove your financial responsibility.

Possible Scenarios and Options for Selling or Trading the Car

When it comes to selling or trading your ex-spouse’s car, there are several possible scenarios:

  1. If the car is in your name and considered community property, you may be able to sell or trade the car with your ex-spouse’s consent.
  2. If the car is in your ex-spouse’s name, you may need their permission to sell or trade it, even if you make the payments.
  3. If the car is co-owned, you and your ex-spouse must agree on the sale or trade or seek a court order to resolve the dispute.

In any of these scenarios, it’s essential to communicate with your ex-spouse and attempt to reach an agreement.

If you cannot reach an agreement, you may need to address the issue in your divorce proceedings or seek legal help to resolve the dispute.

Assessing Compensation for Retained Jointly Owned Cars in Divorce

In Arizona, a community property state, assets acquired during the marriage are generally considered community property and must be divided equitably upon divorce, as outlined in Arizona Revised Statute § 25-211.

 If your ex-spouse retains ownership of a jointly owned car after the divorce and keeps the car, you may be entitled to compensation.

The court will consider various factors when dividing assets, including the value of the car, each spouse’s financial contributions, and the overall division of marital property.

It’s essential to consult with a legal paraprofessional or an attorney to ensure your rights are protected and you receive a fair share of the assets during the divorce proceedings.

How De Novo Law Can Assist You Through the Process

At De Novo Law, our experienced legal paraprofessionals can help you navigate the complexities of divorce with children in Arizona, including the division of assets like cars.

We can assist you in understanding your rights and responsibilities, as well as guide you through the process of selling or trading your ex-spouse’s car.

Our team can:

  • Review your situation and guide your legal rights and responsibilities regarding your ex-spouse’s car.
  • Assist in negotiating with your ex-spouse to reach a fair and equitable agreement on the division of the car and any related debts.
  • Draft the necessary legal documents to ensure that any agreement reached is legally binding and enforceable.
  • Represent your interests in court if an agreement cannot be reached and the issue must be resolved through litigation.
  • Help you navigate the complex Arizona Revised Statutes related to divorce, child custody, and asset division to protect your rights.
Stephanie Villalobos, LP

Dealing with your ex-spouse’s car during a divorce with children can be complex and challenging.

At De Novo Law, our knowledgeable legal paraprofessionals can help you navigate the process and ensure that your interests are protected.

If you’re facing a divorce with children in Arizona and need assistance selling or trading your ex-spouse’s car, contact us today to discuss your options and let us help you through this difficult time.

Contact De Novo Law today at (480) 725-2200 to schedule a free consultation.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

DISCLAIMER: The content of this site is for informational purposes only and is not intended to provide legal advice.  De Novo Law, LLC and its Legal Paraprofessionals are not attorneys and are not authorized to provide legal advice or representation beyond the areas and scope of practice for which license is held.  The transmission or receipt of any electronic correspondence or information does not create a legal paraprofessional-client relationship.

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Please Call Us at (480) 725-2200 or Fill Out the Form Below to Schedule a FREE Initial Consultation with an Affordable Legal Paraprofessional to Assist with an Arizona Divorce or other Family Law Matters.

De Novo Law Blog

10 Facts for Selling a House During Divorce or After a Divorce

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Figuring out what to do with your marital home can be one of the most difficult decisions you and your estranged spouse might have to negotiate. Many people are attached to their homes and find it hard to let them go. However, it might be necessary for you to downsize and find a more affordable home instead of remaining in your house.

Similarly, if you have significant home equity in divorce, you might not be able to afford to buy out your spouse’s interest. If you have a mortgage in both of your names, selling a house during divorce and splitting equity might be the best solution to separating your finances.

Some people believe that they must retain divorce attorneys to help them navigate property division issues, including selling their marital homes. However, you can also choose to retain a licensed legal paraprofessional from De Novo Law.

Stephanie Villalobos, LP, is licensed by the Arizona Supreme Court to handle divorce cases and property division issues on behalf of her clients and to represent them in court at a more affordable cost than what you would typically be charged by a divorce attorney.

Here are 10 facts about selling a house during divorce and after divorce that you should keep in mind when you are trying to figure out what to do about your marital home.

5 Facts About Selling a House During Divorce

If you are considering selling a house during divorce and splitting equity with your spouse, keep the following five facts in mind.

1. The Court Can’t Order a Party to Sell Before a Divorce Decree

If you want to sell your marital home, your estranged spouse must agree. While you can get temporary orders from the court, the judge can’t order your spouse to agree to sell your home.

In Saxon v. Riddel, 493 P.2d 127 (Ariz. Ct. App. 1972), the Arizona Court of Appeal ruled that trial courts cannot enter temporary orders to force a spouse to sell his or her interest in the shared marital property even when the other spouse wants to sell and has found a buyer with a good offer.

This means your spouse will need to agree to sell your house before you can put it on the market.

However, if you owned a home before you were married in your name and still own it, it is your separate property and is not a part of the marital estate. In that case, you won’t have to get your spouse’s consent to sell your separate property.

 


 

2. The Parties Must Get Clearance to Sell Their Home During a Divorce

At the time your divorce case is filed, the court issues several restraining orders enjoining either you or your spouse from selling marital property or spoliating assets. These restraining orders also prevent you from selling your home without an agreement and order by the court. 

To get an order lifting the restraining order for selling a house during divorce and splitting equity, you and your spouse will need to draft and sign a stipulated agreement agreeing to place your home on the market. You will need to file your stipulation with the court.

Once you’ve filed it, the court will issue it as an order so that you and your spouse can move forward with selling your marital home.

 


 

3. Staging Is Important to Prevent Signs the Parties Are Divorcing

When you place your home on the market during a divorce, you need to remove signs that you are divorcing.

This is because prospective buyers and real estate agents notice signs of divorce and might then try to get you to agree to a lower price or less favorable terms.

Buyers understand that divorcing couples are motivated sellers and might need to sell their homes quickly. Try to remove the following signs that a divorce is pending:

  • Missing pictures from the wall
  • Missing furniture/sparse furnishings
  • Empty closets
  • Unkempt landscaping
  • Other indicators of stress/distress

You might want to get help from a real estate agent with staging your home so that it appears more inviting. If your spouse has moved out, try to fill in the voids left behind.

If you and your spouse are both in the home during the divorce, avoid arguing or the appearance of conflict when prospective buyers come to view your home, and avoid telling them your reason for selling is a divorce.

 


 

4. A Spouse Who Can Buyout the Other Should Be Allowed to Do So

If your spouse truly wishes to remain in your marital home and doesn’t want to sell it, you should give him or her the chance to buy out your home equity in divorce. If you choose to do this, make sure your spouse is in a position to refinance the home in his or her name alone.

If he or she doesn’t have the financial means to assume the mortgage, your legal paraprofessional can negotiate with your spouse to try to secure an agreement to sell your home to get your name off the deed and the mortgage.

You won’t want your name to remain on the mortgage after your divorce because it could have the following impacts:

  • Tie up your credit and prevent you from buying a new home because of your debt-to-income ratio
  • Make your credit score decline if your spouse fails to keep up with the mortgage payments
  • Prevent you from separating your finances so that you can move forward with your life

If your spouse says that he or she can refinance the home, set a deadline for him or her to do so. If your spouse can’t refinance the home in their name within that deadline, your agreement should stipulate that the home will have to be placed on the market when the deadline passes without refinancing.

 


 

5. The Parties Should Hire a Neutral Real Estate Agent

If you both agree that selling your home during your divorce and splitting equity is the best idea, you should agree to hire a neutral real estate agent to represent both of your interests when selling your home.

Only choose someone you both agree to hire so that the real estate agent will be someone whom you both trust.

Once you have hired a real estate agent, have only one of you serve as the point of contact with the real estate agent.

This can simplify the process since the agent won’t have to communicate with each of you and potentially sift through conflicting instructions.

5 Facts About Selling a House After a Divorce

If you get the marital house in your divorce, selling it after your divorce is final can be easier than trying to sell it while your divorce is pending. At this point, you also shouldn’t have to deal with home equity in divorce since your decree should already include that aspect.

Here are five facts you should know about selling your house after your divorce.

1. The Other Spouse’s Name Should Be Removed from the Deed

If you received the home in your divorce property division, your spouse’s name should not remain on the deed. If it is, you need to go to get a copy of your deed from the recorder’s office. Create a new deed that transfers the title to your home from your ex-spouse to you alone.

Once the new deed has been signed, record it and retain a copy showing that it is in your name only.

If you have a mortgage in both of your names, you can show your lender your divorce decree and submit a quitclaim deed. The lender might allow you to refinance the mortgage in your name alone as long as you can handle it. Otherwise, you might have to sell the home to get both of your names off of the mortgage.

 


 

2. The Divorce Can Be Found by Prospective Buyers

Divorce cases are matters of public record, which means that prospective buyers can find that you recently divorced. However, this does not mean that they will know your motivation for selling your home since it is yours alone.

Even if a potential buyer discovers your divorce, it is unlikely that the buyer will know why you are selling or try to use your divorce to lowball you.

 


 

3. Staging Will Be Important to Fill in Voids

After dividing your property in your divorce, your home might be sparsely furnished with voids throughout the home. Staging will be critical in helping you secure a good sales price.

Work with your real estate agent for ideas on how to stage your home to place it in the best light. You will want it to appear welcoming to interested buyers.

 


 

4. You Will Have More Control Over the Process

One advantage of selling your home after divorcing is that you will have control over the process. You won’t have to deal with your ex-spouse in making decisions about offers or how the process should work. 

 


 

5. Buyers Won’t Necessarily Know Your Motivation for Selling

Even though you recently divorced, buyers won’t necessarily know why you are selling your home. This means that you won’t have to worry about buyers trying to use your divorce as a way to secure more advantages in the sale.

Stephanie Villalobos, LP

Talk to Stephanie Villalobos, LP

If you are filing for divorce in Arizona and want to sell your home, you should speak to Licensed Legal Paraprofessional Stephanie Villalobos about how to handle your property division and your divorce.

Dealing with home equity in divorce can lead to significant conflict. Ms. Villalobos can represent you throughout your case and work to secure an agreement that will protect your interests. Call (480) 725-2200 to schedule a free consultation for an affordable divorce.

Call Stephanie Villalobos, LP For Immediate Help

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

DISCLAIMER: The content of this site is for informational purposes only and is not intended to provide legal advice.  De Novo Law, LLC and its Legal Paraprofessionals are not attorneys and are not authorized to provide legal advice or representation beyond the areas and scope of practice for which license is held.  The transmission or receipt of any electronic correspondence or information does not create a legal paraprofessional-client relationship.

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Please Call Us at (480) 725-2200 or Fill Out the Form Below to Schedule a FREE Initial Consultation with an Affordable Legal Paraprofessional to Assist with an Arizona Divorce or other Family Law Matters.