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Ray, Lawyer
Category: Legal
Satisfied Customers: 41622
Experience:  30 years in civil, probate, real estate, elder law
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Our 85 year old mother has been married to her husband for

Customer Question

our 85 year old mother has been married to her husband for 25 years. She came to San Diego for a wedding and when she tried to go back she found out that his kids have kicked her out of her own house. Apparently they had planned this for a very long time. We need to bring on a lawyer to find out what her rights are. She lives in Arizona.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Arizona
JA: Has anything been filed or reported?
Customer: No.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think that' s the basic info. Someone who can help us in Arizona.
Submitted: 9 months ago.
Category: Legal
Expert:  Ray replied 9 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 9 months ago.

If she has title to the property, its in her name here too she can contact law enforcement there in Arizona , they cannot keep her out of her own house.Thats her first step here.If she wants to file for divorce thats another action to divide up the assets.Follow up here be happy to talk about this more.

Expert:  Ray replied 9 months ago.

If she wants to file for divorce

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Maricopa County Lawyer Referral Service
Phoenix, AZ

Phone:(###) ###-####br />Toll free:(###) ###-####br />Counties Served: Maricopa

Pima County Bar Association LRS
Tucson, AZ

Phone:(###) ###-####br />Counties Served: Pima

Customer: replied 9 months ago.
We need an excellent lawyer in Arizona who can advise us what her rights are. If she gets divorced she may not get the Vet benefit- not even sure is she qualifies. He name is ***** ***** the title but they have been married for 25 years. What are her rights?
Expert:  Ray replied 9 months ago.

If she could get him to agree legal separation here is an option.n Arizona, the grounds for legal separation and divorce are that the marriage is irretrievably broken. The law provides that spouses may also obtain a legal separation if they desire to live separately. However, a court will never order legal separation unless both spouses agree.

Arizona is a community property state. This means that any property (other than gifts or inheritances) you and your spouse acquired during the marriage belongs equally to both parties and any joint debts incurred during the marriage are the equal responsibility of both parties.

I gave you lawyer referral for Arizona above to enforce her community property rights with legal separation.She can get law enforcement to make them allow her entry if she is a title holder to the house.