Choose from 85,000 state-specific document templates available for download in Word and PDF format. Use this do-it-yourself Word 2007 form to prepare a deed to transfer Arizona real estate from a married person who own the property as separate property to. Learn About the Valuation and Distribution Options For a Pension in an Arizona Divorce from the Experienced Attorneys at Hildebrand Law, PC. Divorce and refinancing a mortgage in Arizona during a divorce is a common issue. This can only be rebutted by clear and convincing evidence to the contrary. If you signed and Arizona disclaimer deed and are going driven a divorce, you NEED to read this article to find out like this affects your rights to your house and what you can do regarding she. Arizona has specific laws that affect how last wills work. ARIZONA COMMUNITY PROPERTY LAWS. Van Loan 569 P. This refers to the transfer of real property as a gift. After Decedent’s death in 2012, Kroncke requested the IRA proceeds from Schwab. A. My husband and I were married 10 years before we bought a house and he signed a disclaimer deed when it was purchased because he was un-employeed at the time - it states ''the undersigned does herby disclaim, remise, release and quitclaim unto the spouse and to. The Court of Appeals found that a properly-executed Disclaimer Deed rebuts the presumption that property acquired during marriage is community and overturns a trial court’s finding that property acquired in Wife’s name during the marriage was community. The Disclaimer of Interest: Names the deceased person. How to fill out Arizona Disclaimer Deed? If you're seeking correct Arizona Disclaimer Deed samples, US Legal Forms is just the right thing you need; find documents made. If you need further assistance, you should consult with an experienced family law attorney. Nothing can be more satisfying than winning a personal injury case and receiving compensation for your losses from the incident. S. The court awarded assets totaling $184,843 to wife and $215,211 to the husband. Maricopa County Recorder of Deeds Contact Information. calculating a community lien on a depreciating asset in arizona; effect of a disclaimer deed or quit claim deed in a divorce in arizona; bank accounts and divorce in arizona; dividing paid time off in a divorce in arizona; equalization payments in an arizona divorce; omitted assets in an arizona divorce decree; crsc pay and divorce in arizonaAll property acquired during marriage until the time one party is served with the divorce paperwork is presumed to be community property. In the Inboden divorce, the trial court based the division completely on the separate fund contributions of each spouse. This will solve the problem created by the disclaimer deed and will give you more protection in the event of a death or a divorce. in Arizona can become substantially more complicated when one of the spouses has a professional practice. Consequences from Disclaimer Deeds. These requirements will be reviewed and verified in the application process. Property owned by one spouse before marriage is separate property. Upon one divorce in Arizona, the courts am require to divide community property equitably, which on the. A divorce decree in Arizona is intended to divide all community property between the spouses. Product deeds in Arizona able having major consequences down aforementioned road during a getting. Murin took title to the whole property in the divorce. When he died, the home was worth $400,000. In Arizona, all money acquired by either spouse during the course of the marriage – other than gifts and inherited property — is presumed to be community property in which each spouse has an interest. A. 9. Before obtain into this, if you haven’t read my article switch Arizona Disclaimer Deeds, and you shouldn read information first. Generally, a property that is acquired separately remains separate during the marriage. Disclaimer Deed and Getting in Arizona Explained to the Experienced Scottsdale In Divorce Counsel at Hildebrand Law, PC. So, what happens to omitted assets in an Arizona divorce decree. A deed that conveys an interest in real property, including any debt secured by a lien on real property, to a grantee beneficiary designated by the owner and that expressly states that the deed is effective on the death of the owner transfers the interest to the designated grantee beneficiary effective on the. If you would like to work with one of our experienced Attorneys, please call OWENS & PERKINS at 480. So, if you and your brother are in a car accident and he dies a few hours after you do, his estate would not receive any of your property. Beneficiary Designations After Divorce in Arizona From Hildebrand Law, PC. Signing a disclaimer deed on a house purchased during the marriage can have dire, unintended consequences in can Arizona decided. Arizona law specifies that a trust deed on community property is not valid unless both spouses execute and acknowledge it. Toth, an equal division is not always equitable. We will also assume the house increased in value by $200,000, which means it. Find out details about last wills, how to get started making your own will. Obtain a copy of the prior deed to the property. Deane, 211 Ariz. 994. App. Consequences Of A Disclaimer Deed In An Arizon Divorce. The concept of co-mingling comes up when sole and separate property. He also ordered Mr. Struggling with using the disclaimer divorce case is presumed to litigate the house as an increase in. Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your community property or family law case around today. If a disclaimer deed is signed by 1 spouse on house (making it sole and separate property for the other spouse), does that deed still hold truth in death or is that only in the case of a divorce? On the deed, it states, "the undersigned does hereby disclaim, remise, release and quitclaim unto the spouse and to the heirs and assigns of said. to 7 p. Next, the Court considered whether a pending divorce between the co-owners enlarges the right of one co-owner to force a sale. The Court of Appeals overturned the $1600 and interest award from the judgment and otherwise affirmed the remaining parts of the judgment. 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. Judicial Deeds Judicial deeds are issued by court orders. Often, the largest assets most people have when they retrieve divorced are my house and retirement. A. Apply for Loan Assumption. Residential lease; Property deed transfer;. Q: What happens if you and your wife own a home through a quit claim deed and the spouse dies? We live in the State of Maine. Married couples seeking dissolution of marriage in the state of Arizona go through the divorce process in the Family Court. calculating a community lien on a depreciating asset in arizona; effect of a disclaimer deed or quit claim deed in a divorce in arizona; bank accounts and divorce in arizona; dividing paid time off in a divorce in arizona; equalization payments in. Skip toward content. forego rights). 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 boat, owned and registered in your name, which you bought during your marriage with your income. Estate Planning. Using the realizable benefits standard, Husband’s position was that his goodwill of the law firm should be valued at $140,000 – which was equivalent to his stock redemption value at the firm. Learn What Happens in an Arizona Divorce When a Spouse Signs a Disclaimer Deed or Quit Claim Deed to the Marital Home in Arizona from the Experienced Arizona Divorce Attorneys at Hildebrand Law, PC. Consequences of Disclaimer Deeds or Quitclaim Deeds included In Decorative. Winters, 298 P. In Arizona, the property is categorized as either separate or community. Monahan responds that any defect was cured when Mr. Our network attorneys have an average customer rating of 4. In Arizona, real estate you purchase while married is usually community property and divided evenly upon divorce. A. Signing a disclaimer deed on a house purchased during the marriage can have dire, unintended consequences in an Arizona divorce. Like many western states, Arizona allows legally married couples to own real estate as community property, with or without rights of survivorship. In the case of Foster vs. Real answers from licensed attorneys. Disclaimer Of Property. Once you have a US Legal Forms subscription, just log in profile and click the Download button you can find on the for’s page. The Scottsdale family law attorneys at Hildebrand Law, PC want to provide you with information to the restrictions up selling a home during an Arizona divorce. gifts or inheritances that one spouse received, either before or during the marriage. 00 of that community lien. EXAMPLE: Transfer of property . If you are told “ it’s not a big deal ” -think again! If you’re the one signing a Disclaimer Deed to real property here’s the deal: You affirmatively state that you have NO interest in the real. To many, this is an unfortunate reality of the law and the legal effect of either signing a disclaimer deed, or otherwise. , Suite 101. However, there is no Arizona case that specifically tracks your issue. In Community Property States. 3. In Arizona, the status of the property as community or separate is established at the time of. (2) They can own it separately as separate property. In Arizona, both spouses are required to sign a personal guarantee before their community property can be used to satisfy a debt under a personal guarantee. The community is entitled to a community lien. Under certain circumstances. If only one spouse signs a personal guarantee, that creditor cannot come after the community property that was acquired during marriage. Phone: 602-230-9118. calculating a community lien on a depreciating asset in arizona; effect of a disclaimer deed or quit claim deed in a divorce in arizona; bank accounts and divorce in arizona; dividing paid time off in a divorce in arizona; equalization payments in an arizona divorce; omitted assets in an arizona divorce decree; crsc pay and divorce in arizonaThe Scottsdale, Arizona Community Property Lawyers at Hildebrand Law, PC Discuss a Murderer-Spouse & Community Property Share in Arizona. Often a “catch-all” provision in the decree. See all personal services. , the death of the creator of the interest) with the probate court (ARS 14-10012). 4600 to find out. This occurs through the Disclaimer of Interest. Appraisal Standard in Valuing Goodwill of an Attorney. 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. One exception is when one spouse signs a disclaimer deed as part of a real estate transaction. Contact Information Address: 102 South Main Street Yuma, AZ 85364 Phone: (928) 373-6020 Office Hours:The process of getting a divorce involves the division of assets and earnings between the married couple and includes determining community versus sole and separate property in Arizona. Arizona has specific laws that affect how last wills work. 4) Selling your house after divorce may be more difficult due to a lack of cooperation from a spouse due to hurt feelings stemming from the divorce litigation. If you signed a disclaimer deed, the home is his sole and separate property. 2d 965, the Arizona court reviewed a similar case. Get the right guidance with an attorney by your side. In a community property state — let’s say California — your ownership rights are automatic for a house acquired during your marriage. The quitclaim deed presents an efficient way for people who have shared a home to pass their own interest in the real estate from one to the other. See all personal services. This type of property division usually means equal, but can mean unequal depending on the circumstances of the case. Your home is equally shared between you, fifty-fifty — no matter how it’s titled. Our network attorneys have an average customer rating of 4. Hutki answered that question. This community property rule continues in effect during a marriage even after separation, until a dissolution decree is entered. Koelsch, noted that property earned by either spouse’s employment is community property in Arizona. It is somewhat unsettling at think that signing an very piece of paper, which has become commonplace in many. Website. Arizona courts have determined disclaimer deeds are valid and enforceable agreements between the parties that one spouse shall hold that property as his or her sole and separate property. S. Understanding the impact of how moving during a divorce can affect the resulting proceedings is essential for deciding how you should proceed. Divorce; Name change; Real estate. 623-321-1525 (fax) In Arizona, any assets purchased during the marriage are presumed to be community property. P. A: A quit claim deed will work but it is better to sign a disclaimer deed and sign and file a "Rule 69 Agreement" with the Court, stating that the spouse who is relinquishing ownership will have no liability whatsoever regarding the loan. Divorce; Name change; Real estate. That means that all money earned by either spouse during the marriage belongs equally to both. Residential lease; Property deed transfer;. A: A quit claim deed transfers any interest that the seller owns in a property to the buyer, and it is one of a number of types of deeds the seller. Division of Debt in Arizona Divorce Explained by Hildebrand Law, PC. The Arizona Court of Appeals in another appeal in the case of Barron v. Call Joan Bundy Law at 480. Yes, you can overcome the disclaimer deed. Signing a disclaimer deed on a house purchased during the marriage can have dire,. 06 million ($24. Consequences away Disclaimer Deeds oder Quitclaim Deeds in Arizona Divorces. Plan for your future today. Print. Forums > Arizona > Phoenix area: Divorce in AZ,what happens to my house? (mortgage, attorney) User Name: Remember Me:. As a output, that other spouse is asked by the bank to execute a disclaimer deed because they are none included on who mortgage advance. However, a mere expectation to receive money is not divided in a divorce. The short answer to the question can there be waste of the equity in a marital home in Arizona is, yes, the court will recognize a claim of waste of the equity in a home during a divorce in Arizona; either because a spouse did not take care of the home or intentionally losing equity in the home due to a foreclosure that could. You also may want to discuss its effect because a recent decision changed the calculus considerably for some spouses who executed disclaimer deeds. However, a. Arizona Real Estate. Regardless of the basis for signing that repudiation. The court will apportion the community property interest in retirement accounts between the spouses and will award each spouse his or her separate. The Scottsdale, Arizona Family Law Attorneys at Hildebrand Law, PC Discuss 3 Ways to Protect Your Personal Injury Award or Settlement During Divorce. Martin $46,688. The Arizona Court of Appeals in the case of. The Arizona Court of Appeals in the Bell-Kilbourne v. C. Upon disconnect, the courts will equality divide community property. The Arizona Court of Appeals concluded Husband’s claims that he was fraudulently induced into signing the Disclaimer Deed and community lien claims could have affected title to the home. There are at least twenty-three (23) states that have revocation of nonprobate assets upon divorce statutes. However, when a spouse signs an Arizona disclaimer deed when purchasing adenine house, who signing partner no longer owns on fascinate include the house. Arizona law specifies that a trust deed on community property is not valid unless both spouses execute and acknowledge it. A quitclaim deed is used to transfer a property owner’s interest in the property to another person without any warranties or guarantees as to the condition of the property. Beneficiary deeds; recording; definitions. Murin took title to the whole property in the divorce. Earnings of either spouse during a marriage are community property in Arizona. Divorce can be hard. Disclaimer Deeds and Divorce - Ellsworth Family Law on Consequences of Disclaimer Deeds or Quitclaim Deeds in Arizona Divorces; Archives. Phoenix 85028. Send arizona disclaimer deed print by email, link, or fax. As adenine result, to other spouse be asked by the bank till execute a disclaimer deed since i are not included on the. Name Maricopa County Recorder of Deeds Address 111 South 3rd Avenue Phoenix, Arizona, 85003 Phone 602-506-3535 Fax 602-506-3273 HoursDivorce Proceedings In Arizona, the legal name for a divorce is Dissolution of Marriage. Submit the new deed to the city or county land records for recording. contract with seller. Disclaimer and quit claim deeds are two other types of deeds, neither of which warrants a good title. Get the right guidance with an attorney by your side. 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. Consider Obtaining Pre-Approval of a Home Loan. In Arizona, all money acquired by either spouse during the course of the marriage – other than gifts and inherited property — is presumed to be community property in which each spouse has an interest. The Arizona Supreme Court noted two methods of determining that interest. Any community property that is not mentioned in a divorce decree is transformed into property held as tenants in common. If your ex-spouse refuses to sign the quitclaim there are several steps you can take to force them to do it. The Sellers next argues that the policy covers the Cadillac as an “additional automobile. Arizona is a community property state. Call us today at (480)305-8300 or reach out to us through. It is a simple way to transfer property and can be used to: Transfer property to or from a living trust; Transfer property to a spouse in a divorce;It will be your burden to present clear and convincing evidence to set aside the disclaimer deed. In Arizona, both spouses are required to sign a personal guarantee before their community property can be used to satisfy a debt under a personal guarantee. Poulos Law Firm. Real answers from licensed attorneys. A quitclaim deed with no money changing hands, or to . Our Arizona divorce attorneys have over 100 years of combined experience successfully representing clients in divorce cases in Arizona. Our team reviews each document in the extensive library to ensure you have access to the most up-to-date and relevant printable templates on our website. as described in Arizona Revised Statutes, section 12-1103, subsection B or otherwise executed for no monetary consideration. In short, the. What does disclaimer deed mean in Arizona? The disclaimer deed. Learn More About the Valuation of a Professional Practice in an Arizona Divorce From the Experienced Divorce Attorneys at Hildebrand Law, PC. The court, coincidentally, also ordered the husband to. Tucson’s best deeds. Tucson AZ 85702-3145. However, if you are going through a divorce or planning to. A spouse who signs a disclaimer deed on property that would otherwise be community property, forfeits their interest in that property in an Arizona divorce. Table of Contents. The only exceptions to that rule are property acquired gift, devise, or descent or earned after service of a divorce petition. Once the conveyance happens, it cannot be undone except with that other additional owner’s consent. There are state-specific regulations for people looking to get divorced in Arizona. , Suite 101. The Hill reports that. This is required only of individual estates that exceed a gross asset and prior taxable gift value of $12. Residential lease; Property deed transfer; See all personal services. That means that, after the divorce decree was entered, each spouse was the owner of 50% of. Bell-Kilbourne case discussed the impact of Disclaimer Deeds on what may have otherwise been community property. Message. The most important thing to accomplish prior to or at the beginning of a divorce is to have both. Often, the largest assets most people have wenn they get divorced are their house and retirement. 1979) Suggests that fraud is grounds for reclassifying as community property real property held as sole and separate pursuant to disclaimer deed. calculating a community lien on a depreciating asset in arizona; effect of a disclaimer deed or quit claim deed in a divorce in arizona; bank accounts and divorce in arizona; dividing paid time off in a divorce in arizona; equalization payments in an arizona divorce; omitted assets in an arizona divorce decree; crsc pay and divorce in arizonaDisclaimer Deed and Divorce in Arizona Explained by the Experienced Scottsdale As Divorce Attorneys at Hildebrand Decree, PC. Just because there is a Disclaimer Deed, it doesn’t mean that one spouse gets to keep 100% of the house. For a person not named on the deed of the timeshare, who does not wish to inherit the interest, a legal mechanism exists by which the person can reject this or any inheritance. The Court discussed A. Judicial Deeds Judicial deeds are issued by court orders. 2. Images of historic records may be viewed during business hours at the Recorder’s office locations, 240 N Stone Avenue or 6920 East Broadway Blvd, Suite D, Tucson. Summary. Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your community property or family law case around today. 3d 111 (Ariz. calculating a community lien on a depreciating asset in arizona; effect of a disclaimer deed or quit claim deed in a divorce in arizona; bank accounts and divorce in arizona; dividing paid time off in a divorce in arizona; equalization payments in an arizona divorce; omitted assets in an arizona divorce decree; crsc pay and divorce in arizonaDivorce; Name change; Real estate. Declares the intent to disclaim the. 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. ordered by a court. Play. S. The Scottsdale family law attorneys at Heilbrand Law, PC want to provide you with information for the restrictions on selling a home during an Arizona divorce. One of you files for divorce and, during marriage, you and your spouse paid down the mortgage by $100,000, which means the mortgage owed on the house is now $400,000. The Court of Appeals held that a disclaimer deed is a legal document and its legal effect must be followed. Now title company is involved and wants spouse to sign closing docs (and forego rights) or sign disclaimer deed (i. The parties owned a house, as well as a parcel of land. Under this form of ownership, both spouses hold undivided shares of the whole, and when one spouse. Surprise Arizona Quitclaim Deed from Husband and Wife to Either the Husband or the Wife A professionally-drafted document by US Legal Forms will allow you to save time and costs, and frustration. Currently, Courts calculate that using a formula called the Drahos formula. Signing a disclaimer deed on a house purchased during the marriage can have dire, unintended consequences in an Arizona divorce. To the contrary, Arizona courts have determined these disclaimer deeds are valid and enforceable agreements between the parties that one spouse shall hold. This is going to mitigate some of those hard feelings your spouse may have about your decision to remove money from financial accounts. Website. has over 26 years of Arizona family law experience and received awards from US News and World Report, Phoenix Magazine, Arizona Foothills. That seems pretty fair. The Respondent (responding spouse) has 20 days after service to file a Response to the Petition of Dissolution served within Arizona; he or she has 30 days to respond if served outside of Arizona. In Arizona, property procured during to marriage a typically our property. 8824 to schedule your free 30-minute consultation. A quitclaim deed is a fast way to transfer ownership of property, but there are specific occasions where a quitclaim deed is warranted because it…. All deeds are not created equal. In that case, the Court ruled it would be “inequitable” to divide the house equally and awarded 85% of the. Living Will. Disposition. Find out details about last wills, how to get started making your own will. ordered by a court. To inherit under Arizona's intestate succession statutes, a person must outlive you by 120 hours. 623-321-1525 (fax) In Arizona, any assets purchased during the marriage are presumed to be community property. 3d 1082 (1999), the appellate court considered a promissory note signed. Deane. 2The Arizona Court of Appeals in a published decision in the case of Barron vs. In the decree of dissolution, the trial court divided the parties’ community property. . Taking Title to Real Property Community Liens On Separate Property. If I understand your situation correctly, you disclaimed your entire ownership in the house and gave your interest to your husband. Dividing property can be contentious. A mortgage lender may also require one spouse to sign a disclaimer deed if only the other spouse qualifies for a loan. Upon a divorce in Arizona, and courts live desired toward divide community property fairly, which for the many partial means likewise. The question sometimes arises as to what a court may do when separate property is used to buy community property in Arizona. 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. settling an ambiguity about inherited property. The court awarded some of the guns to the husband as his sole and separate property but divided other firearms as community property. Find out details about last wills, how to get started making your own will. Since the community expired when the wife died, it was not possible to hold the husband liable. Once you make an account, all prospective purchases will be processed even simpler. Often, the largest current most folks have when they get divorced are your house both retirement. § 25-318. January 2022; November 2021; July 2021; March 2021; February 2021; December 2020; November 2020; July 2020; June 2020; May 2020; April 2020; March 2020; February 2020; Categories. Connecticut Real Estate. In order to protect your best interests and your property, you need to consult with an attorney as early in the process as you can. 8700. App. App. Check for enhanced life estate deeds in states that allow them. Notwithstanding subsection B of this section and section 25-214, subsection C, a mortgage or deed of trust executed by a spouse who acquires the real property encumbered by that mortgage or deed of trust after service of a petition for dissolution of marriage, legal separation or annulment shall be enforceable against the real property if the petition does not result in a decree of. The County presents the information on this web site as a service to the public. In Arizona, a spouse signing over property by quitclaim generally gives up all interest in it. Face Twitter Linkedin. Last updated: June 15, 2016 at 8:44 am. 229, 508 P. If Husband succeded in his fraudulent inducement claim, the nature of the home would have changed from sole property to community property. 1 attorney answer. Proving Separate Property in an AZ Divorce | Hildebrand Law, PC. We will also assume the house increased in value by $200,000, which means it. General Deed and Divorce in As Clarified per the Experienced Scottsdale Arias Divorce Attorneys at Hildebrand Statutory, PC. Disclaimer Deed and Divorce in Arizona Explained by the Experienced Scottsdale Arizona Divorce Attorneys at Hildebrand Law, PC. Improving Separate Property and Transumtation Rules. Oct 11, 2023 · 2 min read. 11120 N. Find the best ones near you. Attn: Public Records. 623-252-0292. However, any money earned or assets acquired before marriage by a spouse is the separate property of that spouse. m. Call us today at (480)305-8300 or reach out to us through. Live Chat. Divorce. Get the right guidance with an attorney by your side. Mesa Arizona Quitclaim Deed from Husband and Wife to Husband and Wife Getting a fillable document has never been so easy. calculating a community lien on a depreciating asset in arizona; effect of a disclaimer deed or quit claim deed in a divorce in arizona; bank accounts and divorce in arizona; dividing paid time off in a divorce in arizona; equalization payments in an arizona divorce; omitted assets in an arizona divorce decree; crsc pay and divorce in arizonaContact a Chandler legal separation attorney. A spouse who signs a disclaimer deed on property that would otherwise be. Signing a disclaimer deed on ampere home purchased during the wedlock can have dire, unintended consequences in an Arizona divorce. It found that any damages were a community debt. Martin to pay Mrs. Use US Legal Forms to easily access and download a wide variety of legal forms - from divorce papers to business formation documents. calculating a community lien on a depreciating asset in arizona; effect of a disclaimer deed or quit claim deed in a divorce in arizona; bank accounts and divorce in arizona; dividing paid time off in a divorce in arizona; equalization payments in an arizona divorce; omitted assets in an arizona divorce decree; crsc pay and divorce in arizonaTypes of Business Appraisals in an Arizona Divorce From Hildebrand Law, PC. Fortunately, Arizona law is pretty clear that most property acquired during the marriage is split equally. However, in Arizona it acts like a postnuptial. Finding and Closing Upon the House you Want to Buy. 2d 818 (1970), the Arizona Supreme Court considered several quitclaim deeds a spouse signed. Becchelli, 109 Ariz. Contact us today to schedule an appointment. Signing a disclaimer deed on a house purchased during the marriage can have dire, unintended consequences in an Arizona divorce. However, Union Bank claims that the husband transferred community assets to his wife before he took out the loan. has over 26 years of Arizona family law experience and received awards from US News and World Report, Phoenix Magazine, Arizona Foothills Magazine and. Even though the other party signed a disclaimer deed, the property may in some instances still be community property or in the alternative the community may have an equitable lien (i. In Arizona, community property implies equal ownership, so in most cases, it is fair to divide jointly held property equally. But during the month they were married, the husband bought a new home and paid $200,000. Disclaimer Deed: A legal document that once signed at the time of purchase by a party waiving all interest to real property current or future. Dividing a house in a divorce with a signed Disclaimer Deed. Signing a disclaimer deed on a house purchased during the marriage can have dire, unintended consequences in an Arizona divorce. Avvo Rating: 6. Phoenix 85028. Co-mingling Issues and Tracing Issues in Arizona Divorce Cases. One such situation occurs when a spouse signs a Disclaimer Deed to a home. Now title company is involved and wants spouse to sign closing docs (and forego rights) or sign disclaimer deed (i. Using Community Funds to Pay a Mortgage on a Spouse's Sole and Separate House From the Experienced Arizona Community Property Lawyers at Hildebrand Law, PC. An Arizona disclaimer deed is a legal document and it has legal effect. (520) 433-9631. In Vance-Koepnick v. R.