A. For example, there's no way for you to literally split your home in half. A martial settlement agreement ("MSA") is a legally-binding, written contract, which is entered into by divorcing spouses. 2d 59 (1973); Battiste v. 2. For more information, including special rules that apply to separated and divorced individuals selling a main home, see Pub. You will also need to file a Summons in an Arizona divorce. It refers to a partial or complete settlement between two parties in a family law case. Gifts made to one spouse by the other. Divorce arbitration involves a privately hired judge whose decisions are usually binding. Retirement accounts and real property may be divided without fuss, but when spouses get to the golden retrievers, it’s suddenly a war. In that case, Husband and Wife entered into a Rule 69 agreement dividing their assets and debts among other agreements. Get help navigating a divorce from beginning to end with advice on how to file, a guide to the forms you might need, and more. The person who files the appeal (the appellant) requests that a higher court. Call Now (480)305-8300 Spouse is Hiding Assets in a. Property binding. In our discretion, we decline to award Wife attorney’s fees under A. You are not required to prove any fault to get a divorce. The divorce certificate is issued by your state for record-keeping purposes, as opposed to the. The division of property pursuant to a divorce in the State of Arizona follows this basic timeline: The court will determine which assets (and debts) are. How to File for a Divorce Without a Lawyer in Arizona (Arizona Divorce Laws) In Arizona, all divorce and family law cases fall under the Superior Court’s jurisdiction. Call LegalZoom See our FAQs. to 4 p. Sep 01, 2023 · 5 min read. Property that belonged to each spouse before the marriage, or that was not bought with community funds, would be considered separate property. This rule gives important rights to each spouse and represents a significant policy concerning marriage and spousal equality in any decision to risk the family’s financial past and future for the benefit of another. One role is that of a forensic accountant in locating all assets and liabilities for marital division. We want to talk about the effect of improvements to separate property in an Arizona divorce by discussing the Arizona Court of Appeals’ decision addressing what impact improvements to a spouse’s separate property has on a divorce in Arizona. To be married in Arizona, a couple legally qualified to marry must first get a marriage license. The trial court placed the burden of proof on the husband to prove the guns were his separate property by clear and convincing evidence. The current text of Rule 69 of the Arizona Rules of Family Law Procedure is effective January 1, 2019 as follows: Rule 69 – Binding Agreements. Vehicles (in some states) Furniture and household items such as china and silverware. The most important tip in locating hidden property and income is to “close the loop” on all business and personal funds. Can you use Oregon’s simplified dissolution of marriage (divorce) procedure? Learn about the residency requirements and procedures for dissolving…. The court concluded that retirement assets, including pensions, are treated in the same manner as all other community property in Arizona and are, therefore, divided between spouses in a divorce. Each state has separate laws that govern what types of property constitute separate property and what types constitute marital property. m. You can use a property memorandum with your will for items of tangible personal property, which includes: Furniture. Delay in Dividing Assets Omitted in a Divorce Decree Is Not a Waiver. valuation of stock holdings and debt in an arizona divorce; loans before marriage in arizona; creditor lien on joint tenancy property in an arizona divorce; increase in value of a separate property business stock in an arizona divorce; statements regarding property are binding in an arizona divorce; debts not included in a divorce decree in arizona Statements Regarding Property Are Binding In a Divorce Explained By the Experienced Scottsdale Arizona Divorce Attorneys at Hildebrand Law, PC. For an oral agreement to be enforceable, it must satisfy all elements of a valid contract. Filing Fees: Petition for Dissolution of Divorce $349. g. The Rule 69 agreement often comes up during divorce child custody cases in Arizona. They aren't…. In Vance-Koepnick v. Martin to pay Mrs. In Arizona, property acquired during a marriage is presumed to be community property. This point about community property is important because a prenuptial agreement can define the rights and responsibilities of the spouses both during the marriage and in. 2d 965, the Arizona court reviewed a similar case. The goal is to assist you in focusing on and resolving the most important issues you face in your divorce. If the agreement is not fair and equitable, the divorce court is not bound by the spouses’ postnuptial agreement that was entered specifically in contemplation of a divorce. We're not ending our marriage and we aren't contemplating divorce right now. Under this method, the court determines the community interest in the pension and its present cash value. Delay in Dividing Assets Omitted in a Divorce Decree Is Not a Waiver. INCREASE IN VALUE OF A SEPARATE PROPERTY BUSINESS STOCK IN AN ARIZONA DIVORCE; STATEMENTS REGARDING PROPERTY ARE BINDING IN AN ARIZONA DIVORCE;Binding and Non-Binding - A binding decision is a ruling that the parties must abide by whether or not they agree with it; a non-binding decision is a ruling that the parties may choose to ignore; Arbitrator - An impartial person given the power to resolve a dispute by hearing each side and coming to decisionDivorce in Pinal County. Bobrow, 241 Ariz. Included is a Property Division Worksheet which will be useful in drafting a Property Settlement Agreement (also included). The divorce decree dissolves the community and distributes all assets and debts, item by item. Sep 01, 2023 · 6 min read. Beneficiary Designations After Divorce in Arizona From Hildebrand Law, PC. This is the unconditional willingness to do what the other party has. Commingling separate property with community property in Arizona simply occurs when someone mixes their separate property with community property. We help clients navigate complicated family law and divorce issues such as unmarried step-parent rights. We both are requesting a dissolution of our. The other role requires the CPA to apply his or her tax expertise to separating marital assets and payments. Marital Settlement Agreements, reached between the parties in writing and signed by the parties, become legally binding when approved by the court at the time of the final court hearing. If your separation agreement was included in a court order, such as your divorce decree, you can ask the court to hold the person in contempt of court (see above). 2d 214, 116 Ariz. See all personal services. See all personal services. However, the Court of Appeals noted that the judgment did not contain any language stating that it was intended to be a property settlement. Divorce. In addition to the range of public interest and private interest factors deemed relevant to the forum non conveniens analysis in Gulf Oil Corp. If you have questions about the division of deferred retirement option plans in an Arizona divorce case, you should seriously consider contacting the attorneys at Hildebrand Law, PC. In Arizona, you have 120 days to complete service of process after you file your papers with the court. In the case of Howell v. In Arizona, property acquired during a marriage is presumed to be community property. How to file a divorce in Maine. Do you live in Massachusetts and need to file for divorce? Find out about the residency requirements and procedures. Get help navigating a divorce from beginning to end with advice on how to file, a guide to the forms you might need, and more. Property deed transfer; See all personal services. e. LLC through or in association with this Site shall be considered non-confidential and LZ Divorce Service, LLC's property. The Arizona Supreme Court agreed with the trial court’s decision that the interest in the ranch was husband’s separate property. Our network attorneys have an average customer rating of 4. A judge in Arizona is required to fairly and equitably divide the parties’ property and debts in an Arizona divorce or legal separation. A qualified divorce mediator will be well-versed in Arizona divorce laws concerning family support, community property division, and Arizona child custody laws. m. ARIZONA COMMUNITY PROPERTY LAWS. OPPORTUNITIES FOR CPAs. The experienced Arizona divorce attorneys at Hildebrand Law, PC have over 100 years of combined experience calculating the division of pension benefits in a divorce in Arizona. Avoid the expense and trauma that often go with litigation. Call us today at (480)305-8300 or reach out to us through. The most important thing to accomplish prior to or at the beginning of a divorce is to have both. The Arizona Court of Appeals in the case of. If you're considering selling property before a divorce in Arizona, it's important to understand the law. CALCULATING A COMMUNITY LIEN ON AN APPRECIATING ASSET IN AN ARIZONA DIVORCE. Arizona law specifies that a trust deed on community property is not valid unless both spouses execute and acknowledge it. However, there are some exceptions to this rule. Property Equalization Payment for a Business and Other Property. S. Arizona law states that a “spouse’s real and personal property that is owned by that spouse before marriage and that is acquired by that spouse during the marriage by gift, devise or descent, and the increase, rents, issues and profits of that property, is the separate property of that spouse. Winters, 298 P. to 7 p. It begins when one party petitions to end the union or a couple mutually decides to file for. This statute, however, doesn. This case notes that the parties’ agreements regarding custody, while not binding on the courts, a Court will “seldom” differs from the agreement because Courts recognize the value in bringing an end to litigation. How to file a divorce in Nebraska Do you live in Nebraska and need to file for dissolution of marriage (divorce)?. In Arizona, property acquired during a marriage is presumed to be community property. 2019 Arizona Revised Statutes Title 25 - Marital and Domestic Relations § 25-318 Disposition of property; retroactivity; notice to creditors; assignment of debts; contempt. After earning a law degree from the University of Arizona, he clerked for two years for a U. households have pets. Divorce engagements can require CPAs to act in either or both of two roles. The Arizona Court of Appeals in the published decision of Meister vs. A frivolous pleading in an Arizona divorce is anything filed with the court that has no factual support, is contrary to law, or both and is a ground for the court to issue sanctions for filing frivolous pleadings in an Arizona divorce case. An appeal is a request and application for a higher court to review and potentially reverse a lower court’s final divorce decree. Jimenez had to address the issue, among others, of whether an Arizona divorce court has the legal authority to join a third party in a divorce case for the purpose of allowing a spouse to bring a fraudulent conveyance claim in an Arizona divorce to recover monies a wife alleged her husband had. The intent of a decree is to reverse a flawed divorce order. Statements on Property Are Binding in an AZ Divorce | Hildebrand Law Facts of the Case. That means a soon-to-be former spouse is probably entitled to a share of your retirement. DeeDee is having an argument with the town government. In order to be eligible to divorce in Arizona, you or your spouse must have lived in the state for a. See all personal services. m. However, the law says that if the property is taken and held as community property or in joint tenancy, the spouse investing separate funds loses all. If the judge believes your ex willfully violated orders in the decree upon reviewing the case, he or she could hold your ex in divorce contempt of court, where contempt is the remedy of the enforcement action. The first issue is supported by the well-established rule in Arizona presuming a gift occurs if one spouse places separate real property in joint tenancy. 2d 480 (App. m. Mrs. The appellate court stated, according to state statute, the trial court must divide community property. Bell-Kilbourn made a decision regarding the effect of a Disclaimer Deed in a divorce in Arizona. See all personal services. Getting divorced in New York used to require very expensive court proceedings. 4M market value) and, instead, shall receive the Tucson marital condo ($1. Arbitration has some of the same advantages as mediation does, including speed, efficiency, privacy, cost-effectiveness, and informality. The rule emphasizes the voluntary. to 4 p. Bell-Kilbourne. Template statements. failure to provide evidence of the value of property in an arizona divorce; valuing a pension plan in a divorce in arizona; enforcing a premarital agreement in a divorce in arizona; changing positions during a divorce trial in arizona; false accusations of domestic violence in an arizona divorce; denial of spousal support as a sanction in an. Call Now (480)305-8300 Spouse is Hiding Assets in a Separate in Arizona | Hildebrand Law, PC How to file a divorce in Michigan. When spouses decide to divorce, they can ask a court to divide their property or they can negotiate an agreement themselves. The other party, the respondent, will be served the petition by a third party. 5. m. We're available Mon-Fri 5 a. Aside from assets and debts, business interests and pensions, like 401k plans, also fall under community property. Show more. Arbitration is a process in which a dispute is submitted to experienced and knowledgeable neutral attorneys or retired Superior Court Judges who hear arguments, review evidence and render a non-binding decision. Although each spouse is entitled to half of the assets, the form may differ. v America Movil, S. Sep 01,. Get legal help. For example, in Wisconsin, property acquired during the marriage is considered marital up until the date of divorce, unless there's a good reason to deviate from the rule. These MSAs will be legally binding once their divorce is finalized. At the Stewart Law Group, we have the experience and expertise to help you navigate the complex legalities that can come with setting up a Rule 69 agreement in Arizona, as well. WITH ONLINEDIVORCE Your Satisfaction is 100% Guaranteed. Request for Production of Documents. First, you should know a spouse is free to use his or her separate money to buy real property for the couple. Statements Regarding Property Are Binding in an Arizona Divorce. Under ARS 25-211, all of the property that is acquired during a marriage is considered to be the community property of the spouses. When a marriage ends in Arizona, both the community assets and the community debts are divided between the spouses. The Basis to Vacate an Arbitration Award in a Divorce in Arizona. A divorce decree in Arizona is intended to divide all community property between the spouses. We're available Mon-Fri 5 a. ”. 8 out of 5 stars. Add routing. Customize the details page. We're available Mon-Fri 5 a. Divorce is a stressful and complicated process which becomes more so when there is a home involved that has to either be sold or refinanced. After a petition is filed for divorce, copies of the papers must be served on a spouse unless they waive service and that waiver is filed with the court. Get help navigating a divorce from beginning to end with advice on how to file, a guide to the forms you might need, and more. 2. A postnuptial agreement is a written agreement executed after a couple gets married, or have entered a civil union, to settle the couple's affairs and assets in the event of a separation or divorce. Once served, the respondent has 20 days to respond to the petition if they are an Arizona resident or 30 days if they are an out-of-state. If one spouse goes on a spending spree and depletes the account to $10,000, each spouse would get $5,000. ARS § 25-317. Submit your settlement agreement. Wills and trusts. Whether mediation is agreed to by the parties or court-ordered, the goal of the mediation process in divorce is to: Create a fair, legally sound, and mutually acceptable. Get the right guidance with an attorney by your side. Differences Between Separation and Divorce. The most important tip in locating hidden property and income is to “close the loop” on all business and personal funds. You may have heard it described with other names, including: Marital settlement agreement. 3. Arizona court’s lacked guidance on how to address Stock Options and Restricted Stock Units until the Arizona Court of Appeals addressed the issue directly in the case of Brebaugh v. 1) When ending your marriage, working out a marital settlement agreement can be an alternative to proceeding through the traditional court divorce process if you and your former partner can work with each other moving forward. You are contemplating a legal separation and would like to set preliminary terms. A divorce settlement agreement is a legal document laying out the terms of your divorce. The divorce decree is legally binding and enforceable. 1. Instead, in Arizona either spouse must state that their marriage is broken irretrievably without any prospect of reconciliation. Creditor relied on Arizona Revised Statutes §25-215. After a divorce, it is the separate loss of the disabled spouse. Arizona Divorce Rules and Property Division. The prenuptial agreement states that upon divorce the wife will forfeit all interest in the Phoenix marital home ($1. If you live in Montana and need to file for dissolution of marriage (divorce), you’ll need to know about the law and procedures. The Arizona Supreme Court noted two methods of determining that interest. A marital separation agreement, also known as a property settlement agreement, is a written contract dividing your property, spelling out your rights, and settling problems such as alimony and custody. A request for production of documents, sometimes called a demand for documents, is a formal request for paperwork related to the marriage. Preliminary disclosure in an Arizona divorce must be made within 40 days after a response to the divorce petition is filed. Yes, verbal contracts can hold up in court, if a court determines there is sufficient evidence to prove the existence and terms of a binding agreement. Divorce. You must use this formal process to make your request with the court and pay a filing fee. The issue of custody of the family pet in a divorce in Arizona can derail even the most amicable Arizona divorce. Sample Joint Petition for Divorce. Divorces are usually faster, cheaper and less feudal as a couple comes to. com. Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine. A statement about spousal maintenance; A statement regarding the division of property and debts; A statement regarding who should pay attorney fees for the divorce; The court should equitably divide the parties’ assets and debts; The court should enter child custody orders that are in the best interests of the children; The court should order. It noted that, under Arizona law, it is the superior court’s job in a divorce to divide all community property held by a couple. Sort by. Adding your spouse to the title to your sole and separate home constitutes a gift of your separate property to the community. Arizona is a no-fault divorce state. If the prenup is enforced, then the wife receives community property worth $400,000 less than the husband receives. The court awarded assets totaling $184,843 to wife and $215,211 to the husband. The Arizona Court of Appeals in the In re the Matter of Flowers case held that although a sole and separate home was turned into community property during the marriage, a trial court may have the authority to award 100% of that home to the spouse who originally owned it as sole and separate property if it is equitable to do so. Otherwise, a spouse has 20 days to respond to a petition if it is served in Arizona or 30 days to respond if the petition is served outside of Arizona. However, the spouses’ community. (Wis. PT and weekends 7 a. Disposition. Filing a divorce in Michigan has specific residency requirements and procedures. It has been variously described as a science and as the art of justice. valuation of stock holdings and debt in an arizona divorce; loans before marriage in arizona; creditor lien on joint tenancy property in an arizona divorce; increase in value of a separate property business stock in an arizona divorce; statements regarding property are binding in an arizona divorce; debts not included in a divorce decree in arizona The appellate court presumed the decree to be fair and equitable. m. 2017). m. What happens to the property you had before getting married when you divorce? That depends on multiple factors and what you do to prepare. We're available Mon-Fri 5 a. Get the right guidance with an attorney by your side. There are questions whether or not a court of law recognizes a notarized document as a legally binding one. Marriage date. The parties were married on February 15. m. Both the Detailed and Summary reports have the. Czarnecki in 1973. Obtain Consent of Both Spouses to Buying a House During a Divorce in Arizona. See all personal services. Our Arizona community. failure to provide evidence of the value of property in an arizona divorce; valuing a pension plan in a divorce in arizona; enforcing a premarital agreement in a divorce in arizona; changing positions during a divorce trial in arizona; false accusations of domestic violence in an arizona divorce; denial of spousal support as a sanction in an. Learn about the no-fault grounds…. Arizona has residency requirements for people who want to file for divorce in its state courts. This agreement is entered willingly by both. In Arizona, a spouse signing over property by quitclaim generally gives up all interest in it. The first line of any agreement lists the names of the parties to the agreement. m. You cannot get a divorce in Family Court. Get help navigating a divorce from beginning to end with advice on how to file, a guide to the forms you might need, and more. The long process of divorce ends in a simple document called a marital settlement agreement (MSA). Lee had to address the issues of equalization payments for the division of a business in a divorce in Arizona and whether a court can modify a business appraisal based upon a change in. File the forms. Defining Arizona Community & Separate Property in a Business Context. A basic binding contract must comprise of four key elements: there must be an offer, acceptance of this offer, consideration and the intention by both parties to create legal relations. The Arizona Court of Appeals in another appeal in the case of Barron v. PT. It flows a value in one direction, from a component's data property into a target element property. A divorce decree in Arizona is intended to divide all community property between the spouses. Don't make these common mistakes. An attorney can assist you with this process. Get help navigating a divorce from beginning to end with advice on how to file, a guide to the forms you might need, and more. When you get divorced, you have to divide your assets with your spouse. 2. 8 out of 5 stars. File the Notice of Entry of Order and serve the other party. After earning a law degree from the University of Arizona, he clerked for two years for a U. Our network attorneys have an average customer rating of 4. In Arizona, a divorce court must divide a home that is marital property equitably, which means equally absent other factors. Murin took title to the whole property in the divorce. Post divorce agreements reached between the parties post judgment, must be submitted to the court as a formal written stipulation and order. A joint petition reduces the need for court hearings and allows the parties to have more control over the outcome. m. In most divorces, community property is sold unless both. One of the repeated misconceptions is that businesses and consumers tend to assume that provided they haven’t signed a document, there’s no way they can be. Property acquired before marriage is that spouse’s separate property. Hutki. Often a “catch-all” provision in the decree states that. A property disclosure statement is the actual documentation of a seller's disclosure. They will both be included as the family court attempts a fair and equitable. The instructions and forms are broken down into 4 different packets: Step 1 - Introduction and first court papers. 2d 893 (1963), the Arizona Supreme Court addressed this issue. 592, 598–99 (App. S. Get legal help. Once again, start with the basic concept that a. A divorce decree is not the same thing as a divorce certificate, and the two documents have different purposes. It reviewed each to determine whether the spouse intended to relinquish. See all personal services. The separate property of a spouse can be turned into community property in Arizona. Section 25-215, “Liability of community property and separate property for the community and separate debts,” states in pertinent part:. If you live in Wyoming and need to get a divorce, you’ll need to know about the law and. Do you live in Massachusetts and need to file for divorce? Find out about the residency requirements and procedures. Conclusion. Goals of Divorce Mediation. The husband admitted in a verified answer that the retirement account was community property. In an arbitration, a party's task is to convince the arbitral tribunal of its case. The statutes start at Arizona Revised Statute Section 25-201 and end in section 25-218. When writing a postnuptial agreement, you must provide the following information about both parties: The first party’s name. Nine states are community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. This is a general interest article only and is not intended to be legal advice. Turn in a proposed Divorce Decree to the judge to sign. Get help navigating a divorce from beginning to end with advice on how to file, a. We're available Mon-Fri 5 a. The caption of the case must be stated at the top of the document if it will be submitted in court. Big problems can occur when there is a failure to include an issue in an Arizona divorce. Name the parties to the agreement. S. Size of Probate Homestead. PT and weekends 7 a. Your attorney will help you prepare the paperwork you need to file for a dissolution of marriage in Arizona. In Arizona, each spouse is a co-owner of all property earned by the other spouse during marriage. The first is the “present cash value method”. Some properties and assets are exempt from probate while others must go through the process. The question in the following case is whether or not the marriage is valid when a marriage license was issued, but never filed. B. Parties should research the specific laws of their state and the arbitrators in their area before pursuing a divorce arbitration. valuation of stock holdings and debt in an arizona divorce; loans before marriage in arizona; creditor lien on joint tenancy property in an arizona divorce; increase in value of a separate property business stock in an arizona divorce; statements regarding property are binding in an arizona divorce; debts not included in a divorce decree in arizona A Hearing is Not Required if the Court Record is Sufficient for a Judge to Determine if a Rule 69 Agreement is Fair and Equitable. m. Contact Stewart Law Group in Arizona today at 602-548-3400. See full list on divorcenet. Unlike some community property states, Arizona does. No-fault and fault-based divorce in New York: A checklist. S. Art, jewelry, and collections. File the completed forms by mail or efiling. S. Below you will find a sample joint divorce petition. It can be referred to as any of the following: Separation Agreement or Separation and Property Settlement Agreement. Binding and Non-Binding - A binding decision is a ruling that the parties must abide by whether or not they agree with it; a non-binding decision is a ruling that the parties may choose to ignore; Arbitrator - An impartial person given the power to resolve a dispute by hearing each side and coming to decisionSuppose one party, the offeror, makes a statement or a promise that causes another party to rely on that statement in such a way that they are financially injured by that reliance. m. In order to be eligible to divorce in Arizona, you or your spouse must. 2d 21 (Ariz. That means that, after the divorce decree was entered, each spouse was the owner of 50% of. Chapter two of title twenty-five of the Arizona Revised Statutes cover two areas of Arizona divorce laws, specifically, Premarital Agreements and Property rights between married individuals. When property is being sold by one spouse, it is common for the buyer to expect both spouses to sign the transfer document even if the property is titled only in the name of one spouse. PT. Get the right guidance with an attorney by your side. 2005 Arizona Revised Statutes - Revised Statutes §25-215 Liability of community property and separate property for community and separate debts. Nov 21, 2023 · 6 min read . Call us today at (480)305-8300 or reach out to us through. Step 1 – Include Party Information. Call Now (480)305-8300. Improving Separate Property and Transumtation Rules. In community property states, if the card originated during the marriage, you are responsible for 50% of the debt. Unanticipated events may favor the signing of a postnuptial agreement. Divorce; Name change; Real estate. Although each spouse is entitled to half of the assets, the form may differ. Mr. That is where your case will be filed. The Arizona Court of Appeals found that Rule 33 (A) of the Arizona Rules of Family Law Procedure allows a divorce judge to permit a party to a divorce case to make a statutory legal claim against a third party related to the divorce case. Personal. The court will apportion the community property interest in retirement accounts between the spouses and will award each spouse his or her separate. As mentioned above, for a verbal agreement to be legally binding it must have all the elements of a contract. A Family Law Judge will be assigned to conduct proceedings and enter a divorce decree in AZ. The other spouse would need to make a dissipation claim, and if successful, that spouse would get the entire $10,000 remaining balance and the dissipating spouse. When they split up,. The judge may then impose fines, jail time or other penalties to encourage compliance in a contempt of court in divorce case. There is no requirement that the agreement be in writing but it is highly preferred. Attorneys with you, every step of the way. Under certain circumstances, separate property “transmutes” into community property. Mrs. R. An uncontested divorce means you and your spouse have worked out all of your issues, including property division, spousal maintenance, child support, and a parenting plan. Kroncke was the administrator of his father’s estate (the “Estate”) and requested the. Get help navigating a divorce from beginning to end with advice on how to file, a guide to the forms you might need, and more. m. See all business services. Complete Arizona divorce documents online. a spouse, pending a divorce, may not lease a portion of the property without sharing the proceeds with the other. Call LegalZoom See our FAQs. Stephens. See a legal professional before making legal decisions.