How can we keep property to myself and children?

In California, the home, since it was purchased before marriage, would be your separate property, thus your husband would not get half in a divorce. However, your income which you earned during marriage would be community property, thus if that was used to pay the mortgage then, in a manner of speaking, your husband's portion of your income would need to be reimbursed for the amount of the mortgage paid during marriage. In other words, he could be entitled to the value of half of the income used on the mortgage if you keep the house.

Your husband has an interest in your home based on the mortgage payments made by you during your marriage with your income (as your income is community property). You have been married for a short period of time so that "community property interest" would be minimal.

In Arizona real property purchased prior to your marriage, and which you never transferred into the name of both yourself and your spouse is sole and separate property, subject, however, to some claim for reimbursement for community funds spent on the property. What you should do is consult with an experienced family law attorney in your area to discuss property rights, custody issues (that is legal decision making in Arizona), child support and division of debts.

Because the house was your separate property and your husband did nothing to contribute to its maintenance during the course of the marriage, you could make a compelling argument that he is entitled to no share if in your house. Premarital property loses its separate identity and becomes a part of the marital estate if ?(1) the other spouse has by his or her efforts or expense contributed to the enhancement, maintenance, or protection of that property, thereby acquiring an equitable interest in it, or (2) the property has been consumed or its identity lost through commingling or exchanges or where the acquiring spouse has made a gift of an interest therein to the other spouse.