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a_robin2 · Apr 13, 2009, 11:54 AM

I got married Aug '08, asked for divorce Jan '09. My spouse will not sign for the divorce because he wants his ring back. I elected to not return the ring so now he is trying to make my life crazy.

I bought a house in AZ prior to my marriage. This property is considered a rental property. I acquired a new tenant in Jan '09. My spouse has since contacted the tenant and advised them to not pay rent.

My spouse is saying that he has some say over my propety or rental agreement because we are technically married, even though I have asked for a divorce.

I am actually taking a loss on this property but does he have any legal basis for doing what he is doing? Help!!

cdad · Apr 13, 2009, 03:55 PM

What state is this in and who did you ask for a divorce.. your husband or the courts ?

In a community property state he would have an interest in the property as it is an income producing property.

a_robin2 · Apr 14, 2009, 06:22 AM

I asked for the divorce and I am a resident of VA. He is a resident of either Arkansas or Georgia. The property is in Arizona.

I am taking a loss on this property though so although, I was receiving rent, it doesn't pay for the mortgage.

And... if he has advised the tenant to stop paying which she has there is not income, rather an expense because I have to evict her now. He is staying that I can't evict her because the property is in dispute. However, no papers have been filed.

And I am trying to get a divorce, I went into this agreement after I asked for the divorce. He is just refusing to sign the papers because he wants his ring back. Crazy...

What options do I have in this situation? Please advise.

a_robin2 · Apr 14, 2009, 06:29 AM

Because I am a resident of VA, I have to file in VA (I think). My attorney said that I have to wait until the 1yr mark if he won't sign the papers.

Considering that no papers have been filed, his interest is nothing more than an interest right.

I am taking my tenant to court for the eviction because she entered a rental agreement with me. His name is not on anything.

a_robin2 · Apr 14, 2009, 06:37 AM

I am under the impression that jursidiction becomes an issue because of our living arrangements. The divorce would need to be filed in AZ for him to even have this argument.

Let me also add that we have only been married 4 months before I asked for the divorce. We have been married a total of 7 months. My tenant moved in 3 months ago.