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Scottsdale Divorce and Real Property Division Lawyers

Dealing With the House and Other Real Estate

The marital home has always been a significant issue in community property division. However, what was once a prized investment of substantial value may currently be a negative equity burden that neither spouse wants to be saddled with. The law firm of Childers & Huey PLC can help you make sound decisions regarding your house or other real property in the context of divorce.

Our Scottsdale lawyers have extensive experience in high-asset divorce and complex property division, including considerations for real estate. We also have a network of property appraisers and other professionals who can help determine an accurate value as the foundation for transactions, negotiations or litigation.

Please call the firm at 480-624-2776 or contact us online to arrange an appointment with one of our Arizona divorce law attorneys.

Scottsdale Divorce and Real Property Division Attorneys

We have handled all manner of real estate subject to community property division, including the marital residence, second homes, investment or rental properties and commercial real estate. Our attorneys can help sort out the tough issues regarding:

  • Valuation - If the house or property has negative equity, it may not always be that way. We can reach back at different points in time to arrive at an appropriate market value for purposes of divorce.
  • Disposition - Will one party keep the house? Will you sell it now at a loss to the marital estate? Will you retain it as co-tenants in hopes of selling later when the market rebounds? Who is responsible for the mortgage?
  • Community property - If one spouse purchased the home prior to marriage, is it a "sole and separate" asset or does the marital community have an equity interest? The other spouse may assert liens if marital assets were commingled via improvements to the property or pay down of the mortgage.
  • Tax and financial issues - There may be capital gains taxes and other considerations in liquidating property or taking sole ownership in divorce.

Arizona Marital Community Property Attorneys

These are just some of the many issues in dividing real property. Our lawyers are committed to helping clients find practical solutions that serve their goals and their financial best interests. We are skilled at negotiating the trade-offs of other assets to compensate for retaining title to property. We are also prepared to litigate over disputes about the value of the property, separate versus community property and other barriers to settlement.

For an appointment, please call the Childers & Huey firm at 480-624-2776 or contact us online.