Like many western states, Arizona allows legally married couples to own real estate as community property, with or without rights of survivorship. Please look for my blog next week discussing these issues further. The Arizona Court of Appeals in the case of Hutki v. Beneficiary deeds; recording; definitions. 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. 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. Forms for Filing for a Dissolution of Marriage (Divorce) in Arizona. We also specialize in preparing beneficiary deeds. Choose your state from the list, explore the offered records, and pick one in a few clicks. Disclaimer and quit claim deeds are two other types of deeds, neither of which warrants a good title. ordered by a court. In the decree of dissolution, the trial court divided the parties’ community property. Rental Lease Agreement. Arizona Disclaimer Deed is a legal document that allows a person (to disclaim ant) to renounce or disclaim any interest or claim to property in Arizona. This is commonly signed in a marriage when the parties buy or refinance a home and take the loan out in just one spouse’s. And again, there is the equitable lien issue as outlined above. Our solution empowers you to save time so you can focus on more strategic tasks. 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. Often, the largest current most folks have when they get divorced are your house both retirement. 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. Fortunately, Arizona law is pretty clear that most property acquired during the marriage is split equally. This means that the transfer of property from one party to another was ordered by the court. m. The simple answer is a quitclaim deed. 635. 2d 59 (1973); Battiste v. 00. After the final divorce trial, the court awarded the house to the husband subject to the husband paying the wife 50% of the equity in the home, if any. There is plenty of discovery that needs to be conducted to prove the extent of a community lien. The Disclaimer Deed states that the property was purchased with separate funds (my father's funds from an inheritance he received). Legal Advice;. 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. 229, 508 P. These are the best and worst candidates for 2024. You’re buying a house with premarriage money. transferring property to or from a revocable living trust, and. Barron addressed those issues. A mortgage company often asks a borrower to sign a disclaimer deed so that his spouse not having her name on the loan, cannot claim any interest in the property. Divorce; Name change; Real estate. Against a divorce in Arizona, the courts are required toward divide community property justly, which for one. This is going to mitigate some of those hard feelings your spouse may have about your decision to remove money from financial accounts. It is somewhat unsettling at think that signing an very piece of paper, which has become commonplace in many. settling an ambiguity about inherited property. 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. They are usually cloaked in a refinance or purchase to aid the credit process. 9. Kroncke was the administrator of his father’s estate (the “Estate”) and requested the. Live Chat. That means that all money earned by either spouse during the marriage belongs equally to both. Maricopa County Recorder of Deeds Contact Information. Avvo has 97% of all lawyers in the US. In the decree of dissolution, the trial court divided the parties’ community 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. Show Notes: 25-211: Community Property 25-213: Separate Property 25-318: Allocating/Dividing property in a divorce Thanks for listening! To share your thoughts: Email us Submit a question or topic you'd like discussed in a future episode Share this episode using the buttonsDisclaimer acts in Arizona can have major consequences down which main throughout a divorce. 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. Decision. DISCLAIMER DEED WITNESSETH THIS DISCLAIMER DEED, made by Hereinafter called “the undersigned” to Hereinafter called “the spouse”, WHEREAS: 1. A. For example, a warranty deed conveys good and clear title. Generally, a property that is acquired. The Arizona Court of Appeals has ruled that property that starts out as one spouse's separate property by deed, even during the marriage, can't be pulled into the marital estate in the event of divorce. 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. Use US Legal Forms to easily access and download a wide variety of legal forms - from divorce papers to business formation documents. But during the month they were married, the husband bought a new home and paid $200,000. Co-mingling Issues and Tracing Issues in Arizona Divorce Cases. The concept of co-mingling comes up when sole and separate property. In Arizona, each spouse is a co-owner of all property earned by the other spouse during marriage. m. 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. Of most common reason people sign a disclaimer deed is cause the married possess better financial and proficient available moreover favorable mortgage terms. Often, the largest assets most people have when they get divorced are their house and retirement. A quitclaim deed in California is a legal document used to transfer the grantor’s (the person transferring the property) interest in a piece of property to the grantee (the recipient), without any warranties or guarantees of the title’s quality. Articles; Please Us; 480. Play. Arizona law specifies that a trust deed on community property is not valid unless both spouses execute and acknowledge it. As part of the process, a court must determine which debts belong to each individual spouse. 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. Signing a disclaimer deed on a house purchased at the marriage can must dreadful, unintended consequences in einen Arizona decree. "Disclaimer. When he died, the home was worth $400,000. The County presents the information on this web site as a service to the public. Murin took title to the whole property in the divorce. Murin cites the Arizona Supreme Court opinion in Rundle v. Connecticut Real Estate. Quit Claim deeds are a quick and easy solution. If you are thinking about filing for legal separation or have to respond to a petition for one, be sure to consult with an Arizona family law attorney who is knowledgeable in and has considerable expertise with legal separations. Last updated: June 15, 2016 at 8:44 am. This can only be rebutted by clear and convincing evidence to the contrary. Signing a disclaimer deed on ampere home purchased during the wedlock can have dire, unintended consequences in an Arizona divorce. If Husband succeded in his fraudulent inducement claim, the nature of the home would have changed from sole property to community property. The involvement of the co-owner (or co-owner’s spouse) is not necessary. One exception is when one spouse signs a disclaimer deed as part of a real estate transaction. 3) The recent housing market is an advantage to sellers–you may be able to get a higher price for your home now than you would after the divorce is final. to 4 p. Separate property in Arizona is classified as any property owned by a spouse before marriage or any property owned by a spouse after a divorce decree has been finalized. Get the right guidance with an attorney by your side. In the Hutki case, the husband and the wife reached a rule 69 settlement agreement in their divorce case. Because after signing the Disclaimer Deed, community funds were likely used to pay the mortgage and/or make improvements on the home. Browsing for the appropriate legal paperwork to meet your state law regulations has never been so simple. This makes no sense as the language is very clear with rgards to ownership. The division of marital assets is handled during this. Upon divorce, an courts become equally splitting community property. Upon one divorce in Arizona, the courts am require to divide community property equitably, which on the. All property acquired during marriage until the time one party is served with the divorce paperwork is presumed to be community property. As part of the process, a court must determine which debts belong to each individual spouse. § 25-318, that allows a judge to order the sale of the property as part of a divorce decree. Before April 2020, if you purchased a house during a marriage and one of the spouses signed a disclaimer deed, the house would lose its characterization of being community property and immediately become. However, when a spouse marking an Arizona disclaimer deed when purchasing ampere houses, the signing spouse don longer owns an fascinate in the house. If you signed a disclaimer deed, the home is his sole and separate property. In Armer v. The husband was serving in the military with his wife filed for divorce. 272 (1977), the Arizona Supreme Court considered whether a military pension is a property right or an expectation for divorce purposes if the military spouse has not – at the time of the divorce – completed the. e. The Az, property acquired during this matrimony is typically community property. R. Often, the largest assets most people have when they get divorced are their house and retirement. 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. That being said, you should sit down and talk with a divorce and real estate. Rule 33 (A) of the Arizona Rules of Family Law Procedure. Disclaimer Deed and Divorce in Arizona Explained of the Experience Scottsdale In Divorce Attorneys at Hildebrand Law, PC. That argument was rejected by the Court of Appeals (and the Arizona Supreme Court is not going to review that argument). See all personal services. C. Bell-Kilbourn, 216 Ariz. If you need information about gifting separate property by signing a joint tenancy deed in an Arizona divorce, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our network attorneys have an average customer rating of 4. 1 Comment / Divorce, Domestic Relations, Posts / By Ellsworth Family Law. Submit the new deed to the city or county land records for recording. Here is a hypothetical to help demonstrate how this works. 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. LLC Operating Agreement. Residential lease; Property deed transfer; See all personal services. 4600 to find out. Our network attorneys have an average customer rating of 4. Let’s talk about CRSC pay and divorce in Arizona. They are commonly used if a married couple wants to buy a house, but only one spouse qualifies for mortgage financing. Your divorce documents are prepared from start to finish. Divorce; Name change; Real estate. See full list on hildebrandlaw. Call us today at (480) 219-2433 and we. The Hill reports that. The Court then looked at the record for evidence of the intent of the wife and husband. The Court then looked at the record for evidence of the intent of the wife and husband. Proving Separate Property in an AZ Divorce | Hildebrand Law, PC. Regardless of the basis for signing that repudiation. 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. 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 Arizona community property case around today. An increase in the value of that separate property during the marriage is also separate property. A disclaimer deed is used to disclaim one spouse’s interest in a separate property real estate asset. A disclaimer deed is a deed in which a spouse disclaims any interest in the real property acquired by the other spouse. Consider Obtaining Pre-Approval of a Home Loan. changing the way owners hold title to the property. Disclaimer Deed and Decided in Arias Explained by the Experienced Scottsdale Arizona Divorce Attorneys at Hildebrand Law, PC. The simple answer is, yes, there. The Court of Appeals, citing the case of Koelsch vs. Call us today at (480)305-8300 or reach out to us through. Ct. Call LegalZoom See our FAQs. If you are asked to sign a Disclaimer Deed proceed with caution. 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. In Az, property new whilst the marriage is typically community property. A divorce can be complicated. When contributions of community funds or labor are used to benefit a spouse’s sole and separate property the community is entitled to a community lien “reflecting its contribution to. The husband often used his separate funds to buy sheep and improve on the land. State laws require that you wait 60 days from the date of service before you can proceed with a divorce. In that case, the Court ruled it would be “inequitable” to divide the house equally and awarded 85% of the. You can change this only by giving up your rights in the home. 1. In the case of real property, acknowledge the disclaimer as is required for a deed and record it in the county where the property is located (ARS 14-10015). 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. Winters, 298 P. 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. Minority Discount Buisness Appraisal When Valuing a Company in an Arizona Divorce From Hildebrand Law, PC. 90,000 + [60,000/300,000 x 150,000] = 90,000. With of house being one of the largest. One such situation occurs when a spouse signs a Disclaimer Deed to a home. About What is a Disclaimer Deed? A Disclaimer Deed can be one person’s best friend and another’s enemy. If you need information about a judgment for premarital loans in an Arizona divorce, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Divorce and refinancing a mortgage in Arizona during a divorce is a common issue. Division of Debt in Arizona Divorce Explained by Hildebrand Law, PC. An interspousal transfer deed, more technically called an interspousal transfer grant deed, is a legal document used to give sole ownership of shared property, such as a house, to one person in a. In contrast to the standard life estate, the enhanced form, known as a lady bird deed, lets the life tenant mortgage or sell the property, change the beneficiary, or revoke the deed. Mrs. e. a share of the equity). Poulos Law Firm. Estate Planning. When you add your spouse to your deed, you are giving them a gift. ARIZONA COMMUNITY PROPERTY LAWS. Judicial Deeds Judicial deeds are issued by court orders. The Scottsdale family law attorneys at Hildebrand Statute, PC want to provide you with information relating the restrictions on sell ampere home whilst an Arizona divorce. Monahan responds that any defect was cured when Mr. Disclaimer and quit claim deeds are two other types of deeds, neither of which warrants a good title. (References 1 and 4) The pivotal factor is usually whether the real estate originated as community property, however. Where do I get a divorce? In Arizona, only the Superior Court can grant a divorce. Send arizona disclaimer deed print by email, link, or fax. The quitclaim deed leaves one party as the sole title holder. 11120 N. 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…. The court will apportion the community property interest in retirement accounts between the spouses and will award each spouse his or her separate. Often, the largest current most. Oct 11, 2023 · 2 min read. During the divorce and after the divorce. Arizona cases have held that it may enforce such disclaimer deed, and thus recognize the property as sole and separate. Generally, a property that is acquired separately remains separate during the marriage. 00 of that community lien. If. In short, the. A court will want to know if she was represented by counsel and how much she understood about what she was doing. Apply for Loan Assumption. Therefore, the Court of Appeals sent the case back to the trial court for another evaluation of all relevant factors when dividing the community property purchase with the spouses’ sole and separate property. However, if community funds are expended to pay the mortgage or enhance the value of the property, even after the disclaimer deed has been signed, the. If her subscribed an Arizona disclaimer deed and are going through an divorce, you NEED to read this article up find out how he affects your rights on your house and what you can go about it. Find out how a trustee deed is used to transfer ownership of real property in a foreclosure sale. Although the Superior Court has a facility in each Arizona county, a court case to end a marriage must be started in the county where Questions & Answers A. Have you considered a QuitClaim Deed until. When a marriage ends in Arizona, both the community assets and the community debts are divided between the spouses. A court will want to know if she was represented by counsel and how much. 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. Attorneys with you, every step of the way. An Arizona disclaimer deed is a legal document and it has legal effect. Under Arizona law, a couple can, by their intent, transmute the character of separate property to community property. Superior Courts Have Authority to Divide Community Property Equitably. Arizona is a community property state. O. Will a signed disclaimer deed by my husband make the house Non community propert. A judge will divide a divorcing couple's property and debts, unless the couple is able to reach a settlement agreement. Chandler Arizona Quitclaim Deed from Husband and Wife to Husband and Wife Benefit from our comprehensive internet template collection to make sure you always can get actual templates that are completely ready for downloading, preparing, and signing. S. Describes the interest. Living Will. 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. Before obtain into this, if you haven’t read my article switch Arizona Disclaimer Deeds, and you shouldn read information first. 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. Call For Your Consultation. The beneficiary deed offers you a low-cost way to transfer real property here in Arizona, by avoiding the expense and delay of probate. Summary. Koepnick, 3 P. Arizona's divorce and family law statutes, which are contained in Title 25 of the Arizona. Foster, the husband filed an appeal of the trial court’s division of guns in an Arizona divorce. Koepnick, 3 P. A divorce decree was issued dissolving the parties’ marriage, dividing their marital assets, and awarding Wife spousal maintenance of $600 for 120 months. know about when you care to time. court order. If the property is purchased with separate funds, but community. Disclaimer Deeds. In that case, a wife’s negligent driving of a community car caused injuries to third persons. Finding and Closing Upon the House you Want to Buy. To conclude, the Lima Arizona Disclaimer Deed is a crucial legal document used in Pima County, Arizona, for individuals or entities to disclaim any interest or claim they may have in a property. In the Hutki case, the husband and the wife reached a rule 69 settlement agreement in their divorce case. The rules and definitions are set forth at Section 33-431 of the Arizona Revised Statutes. contract with seller. 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. Probate Attorney in Oro Valley, AZ. At trial, the court issued orders dividing the husband’s military retirement between the two spouses. In Arizona, community property implies equal ownership, so in most cases, it is fair to divide jointly held property equally. Call us today at (480)305-8300 or reach out to us through. It effectively means the grantor is relinquishing, or “quitting,” any rights, interests, or. A Conclusion of Value can be presented in either a Detailed or. Beneficiary Designations After Divorce in Arizona From Hildebrand Law, PC. Go Twitter Linkedin. The question on appeal was whether the language of the document extended. quiet title. 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. The Coon Creek Property. If you are not able to come to our office and need a copy of a document that you researched on our web site, you may mail your request to: Pima County Recorder. 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. DISCLAIMER DEED WITNESSETH THIS DISCLAIMER DEED, made by Hereinafter called “the undersigned” to Hereinafter called “the spouse”, WHEREAS: The spouse has. Send the Quit Claim Deed to your ex-spouse to sign. But there’s one part of Arizona law that, in my experience, is very unfair. Call Joan Bundy Law at 480. 33-405. USE THIS TOOL TO LISTEN TO AUDIO. In Stevens v. Get the right guidance with an attorney by your side. a share of the equity). Bender, 123 Ariz. 8 out of 5 stars. The Arizona Court out Appeals issued a. Obtain a copy of the prior deed to the property. A boat, owned and registered in your name, which you bought during your marriage with your income. Real questions about divorce from people like you. In Arizona, the status of the property as community or separate is established at the time of. Monahan responds that any defect was cured when Mr. Dyslexic font. e. 3d 111 (Ariz. Half-relatives. A Claim of Waste in an Arizona Divorce for the Loss of Equity in a Home From Hildebrand Law, PC. This type of property division usually means equal, but can mean unequal depending on the circumstances of the case. Property settlements are just one issue that has to be resolved in the divorce process. 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. Minority Discount Buisness Appraisal When Valuing a Company in an Arizona Divorce From Hildebrand Law, PC. 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. Community property. The historic indexing will be released periodically as we get the indexing completed. In Arizona, a spouse signing over property by quitclaim generally gives up all interest in it. County makes no warranty or guarantee concerning the accuracy or reliability of the content at this site or at other sites to which we link. Arizona is a community property state. 1 Comment / Divorce, Domestic Relations, Posts / By Ellsworth Family Law. Forcing the Sale of a Home During a Divorce in Arizona. Discover all you need to handle paperwork in electronic format on one platform: up-to-date blanks, PDF editor, and eSigning features. 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…. Thus, the your is the other spouse’s separate. Under certain circumstances. and lender. Upon divorce, the courts will equally divide our property. . S. Learn More About the Valuation of a Professional Practice in an Arizona Divorce From the Experienced Divorce Attorneys at Hildebrand Law, PC. In Armer v. EXAMPLE: Transfer of property . Message. 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. S. We track deadlines and ensure all court rules are followed. The same is true when the separate property is purchased during the marriage, but the other spouse signs a Disclaimer Deed. This situation usually arises when the couple purchases a home, and one spouse has much better credit than the other. (2) They can own it separately as separate property. If your ex-spouse refuses to sign the quitclaim there are several steps you can take to force them to do it. Tucson AZ 85702-3145. If you signed a disclaimer deed, then chances are the court will award the house to your spouse as his/her separate property. Find the best ones near you. Signing a disclaimer satzung on adenine house purchased during that marriage can must dire, unintended consequences in an Arizona divorce. However, the Court of Appeals said, under the Arizona Supreme Court decision in Toth v. 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. 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. The Arizona Court of Appeals in the case of. ordered by a court. It found that any damages were a community debt. S. R. See all personal services. Often, the largest assets most our have when they procure divorced are their house and retirement. App. Get the right guidance with an attorney by your side. Struggling with using the disclaimer divorce case is presumed to litigate the house as an increase in. The most common basic people sign an disclaimer deed is because one spouse has better loan press qualifies for more favorable mortgage terms. Get the right guidance with an attorney by your side. Divorce can be hard. 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. 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. If Husband succeded in his fraudulent inducement claim, the nature of the home would have changed from sole property to community property. Disclaimer deeds make it look like you were trying to cheat your spouse out of the house. The Disclaimer of Interest: Names the deceased person. The Arizona Supreme Court agreed with the trial court’s decision that the interest in the ranch was husband’s separate property. Phoenix 85028. 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. Signing a disclaimer deed on a house purchased during the marriage can have dire, unintended consequences in can Arizona decided. Create a new deed to transfer the property as described in the divorce decree. In Arizona, an increase in the value of separate property during a marriage can be either separate or community property. Website. A. Your husband can sign a special warranty deed from him to both of you taking title as community property with right of survivorship. Skip toward content. Bender, 123 Ariz. Ashley and Braxton, a married couple, purchase a home as joint tenants with right of survivorship for $200,000. The court may also order a party to pay. If you need further assistance, you should consult with an experienced family law attorney. Real answers from licensed attorneys. Signing a disclaimer deed on a house purchased during the marriage can have dire, unintended consequences in an Arizona divorce. Arizona is one of nine community property states in the U. . They are commonly used if a married couple wants to buy a house, but only one spouse qualifies. The question sometimes arises as to what a court may do when separate property is used to buy community property in Arizona. 8 out of 5 stars. 11120 N. The amount of time that takes to get a dissolution or divorce can vary from case to case. The law regarding disclaimer deeds in Arizona has since evolved a bit due to new case law recently decided by the Arizona Court of Appeals. 635. 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. did your spouse sign a "disclaimer deed", disclaiming any interest she may have had at the time of acquisition or IN THE FUTURE?. Before discussing the use of the quitclaim deed in divorce cases, you need to know a few basic terms: Deed. 3. Attorneys with you, every step of the way. Residential lease; Property deed transfer;. The first is the “present cash value method”.