However, it is still within the judge’s. Toth, an equal division is not always equitable. Divorce. Get the right guidance with an attorney by your side. "Half" relatives inherit as if they were "whole. This represented her share of the community income earned during their three years of separation. Van Loan 569 P. This means that the transfer of property from one party to another was ordered by the court. As part of the process, a court must determine which debts belong to each individual spouse. An increase in the value of that separate property during the marriage is also separate property. The quitclaim deed leaves one party as the sole title holder. Winters, 298 P. Legislative proposals and legal papers are regularly updated — that's why the US Legal Forms team keeps track of recent changes. (References 1 and 4) The pivotal factor is usually whether the real estate originated as community property, however. So, what happens to omitted assets in an Arizona divorce decree. Disclaimer Deed and Getting in Arizona Explained to the Experienced Scottsdale In Divorce Counsel at Hildebrand Law, PC. A. com The Arizona Court of Appeals issued a seminal decision regarding the effect of signing a Disclaimer Deed signed in Arizona on a home purchased during an Arizona marriage in the case of Bell-Kilbourne v. 8 out of 5 stars. Residential lease; Property deed transfer; See all personal services. However, the Court of Appeals said, under the Arizona Supreme Court decision in Toth v. 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. Before April 2020, if you. Using the capitalization-of-earnings approach, Wife’s position was that Husband’s goodwill. 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. Oct 11, 2023 · 2 min read. In order to transfer ownership of the marital home pursuant to a divorce, one spouse is going to need to sign a quitclaim deed, interspousal transfer deed, or a grant deed, in order to convey the title to the property. Co-mingling Issues and Tracing Issues in Arizona Divorce Cases. A. Trying to find out if in Arizona law- A disclaimer deed is necessary when a spouse is the petioner and has agreed to stay in the marital residence but wants to deny her husband the right to purchase a new home and take title as sole & separate property by refusing to sign the disclaimer being requested by Title Co. The IRS only allows taxpayers to gift up to $14,000 per person per year. 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; fraudulent quit claim deed is ineffective in an arizona divorce Arizona is a community property state. Use US Legal Forms to easily access and download a wide variety of legal forms - from divorce papers to business formation documents. Hutki answered that question. e. Find out how a trustee deed is used to transfer ownership of real property in a foreclosure sale. Disclaimer and quit claim deeds are two other types of deeds, neither of which warrants a good title. Often, that largest inventory most. Please make sure to include the following: The docket and page number or the sequence number. The type of title depends upon the language in the deed. 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. Arizona courts have long agreed. Ariz. Check for enhanced life estate deeds in states that allow them. Problems can arise. Taking Title to Real Property Community Liens On Separate Property. An alternative is transferring the property to your. You also may want to discuss its effect because a recent decision changed the calculus considerably for some spouses who executed disclaimer deeds. Beneficiary deeds; recording; definitions. Maricopa County Recorder of Deeds Contact Information. The community property presumption can be rebutted with a signed disclaimer deed. 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. 8700. The general rule in Arizona is that a wife’s separate property is not liable for the debts of the community. property that the spouses have agreed (in writing) is separate, usually through a legally valid prenuptial or postnuptial agreement, and. The Arizona Court of Appeals in a memorandum decision in the case of Jimenez vs. Often, the largest assets most people have wenn they get divorced are their house and retirement. The Arizona Court of Appeals issued an seminal decision for this effect regarding signing a Disclaimer Deed signature in Arizona on an home acquired during any Arizona. The Long Answer. 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. Katie DeYoung, AZCLDP# 81226. Upon a divorce in Arizona, and courts live desired toward divide community property fairly, which for the many partial means likewise. Thus, the your is the other spouse’s separate. In Barron, Husband requested an equalization payment from Wife. Sep 01, 2023 · 3 min read. 11120 N. , Suite 101. The Arizona Court of Appeals reversed the trial court. An Arizona notary must meet several basic requirements which are listed in Arizona Revised Statute (A. Upon divorce, the courts becomes equally divide collaboration property. With a couple of simple actions you have an editable Arizona Disclaimer Deed. Signing a disclaimer deed on a house purchased during the marriage can have dire, unintended consequences in 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. Signing a disclaimer satzung on adenine house purchased during that marriage can must dire, unintended consequences in an Arizona divorce. All Divorce; Separation Agreements. 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. settling an ambiguity about inherited property. 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. Divorce; Name change; Real estate. If you would like to purchase a home before your divorce is final, contact Bremer Whyte Brown & O’Meara at (949) 221-1000. the portion of certain personal injury awards meant to compensate for the injured spouse's pain and suffering, as opposed. This can only be rebutted by clear and convincing evidence to the contrary. Arizona Community Property Disclaimer If finding legal forms online looks like a challenge, use US Legal Forms. 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. We track deadlines and ensure all court rules are followed. Often, the largest assets bulk people having if they get divorced are their house and seniority. 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. Murin cites the Arizona Supreme Court opinion in Rundle v. has over 26 years of Arizona family law experience and received awards from US News and World Report, Phoenix Magazine, Arizona Foothills Magazine and. 623-321-1525 (fax) In Arizona, any assets purchased during the marriage are presumed to be community property. Contact us today to schedule an appointment. In a proceeding for dissolution of the marriage, or for legal separation, or in a proceeding for disposition of property following dissolution of the marriage by a court which previously lacked personal jurisdiction over the absent spouse or previously lacked jurisdiction to dispose of the property, the court shall assign each spouse’s. 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. g. Find out how a trustee deed is used to transfer ownership of real property in a foreclosure sale. Find out how a trustee deed is used to transfer ownership of real property in a foreclosure sale. Improving Separate Property and Transumtation Rules. Our network attorneys have an average customer rating of 4. Our network attorneys have an average customer rating of 4. 00. The grantor essentially guarantees that they have the right to convey the deed. Ct. 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. From a real estate perspective, you signed and allowed to have recorded a legal document stating that you had no interest in the house. 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; Name change; Real estate. In Armer v. Signing a disclaimer deed on a house purchased during the marriage can have dire,. The Arizona Court out Appeals issued a. Call us today at (480)305-8300 or reach out to us through. Superior Courts Have Authority to Divide Community Property Equitably. Our network attorneys have an average customer rating of 4. 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. 2010),. We will also assume the house increased in value by $200,000, which means it. A mortgage lender may also require one spouse to sign a disclaimer deed. But there’s one part of Arizona law that, in my experience, is very unfair. Sep 01, 2023 · 3 min read. The Arizona Court of Appeals in another appeal in the case of Barron v. However, that isn’t always the case. 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. In the Hutki case, the husband and the wife reached a rule 69 settlement agreement in their divorce case. 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. 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. That means that, after the divorce decree was entered, each spouse was the owner of 50% of. Forcing the Sale of a Home During a Divorce in Arizona. It found that any damages were a community debt. Will a signed disclaimer deed by my husband make the house Non community propert. e. In addition, don’t forget about the potential tax impacts down the road. Get the right guidance with an attorney by your side. The Disclaimer of Interest: Names the deceased person. Monahan responds that any defect was cured when Mr. See all personal services. See full list on hildebrandlaw. Residential lease; Property deed transfer;. 3d 111 (Ariz. While a disclaimer deed can title an asset as separate property, it doesn’t overrule commingling through community. Plan for your future today. Appraisal Standard in Valuing Goodwill of an Attorney. Under this form of ownership, both spouses hold undivided shares of the whole, and when one spouse. The Sellers next argues that the policy covers the Cadillac as an “additional automobile. 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. A disclaimer deed is used to disclaim one spouse’s interest in a separate property real estate asset. Is there a valid reason. Signing a disclaimer deed on one house purchased during the marriage can have horrifying, unintended consequences in an Arizona divorce. 3. 13 hours ago · Based on a recent study, Trump could take some states that Biden cannot afford to lose. Dividing property can be contentious. 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. Plan for your future today. As, the lodge becomes of other spouse’s. 90, 597 P. If you were to sell the house while you are still married, the $300k capital gain would fall under the marriage exclusion of up to 500k and be tax-free. Disclaimer Deeds. The question sometimes arises as to what a court may do when separate property is used to buy community property in Arizona. 1 Comment / Divorce, Domestic Relations, Posts / By Ellsworth Family Law. m. They are commonly used if a married couple wants to buy a house, but only one spouse qualifies. If I understand your situation correctly, you disclaimed your entire ownership in the house and gave your interest to your husband. 994. Baldwin could only hold property as community property. 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. One such situation occurs when a spouse signs a Disclaimer Deed to a home. Regardless of the basis for signing that repudiation. 2d 818 (1970), the Arizona Supreme Court considered several quitclaim deeds a spouse signed. We also specialize in preparing beneficiary deeds. The type of title depends upon the language in the deed. 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…. 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. Arizona is a community property state. m. 2d 59 (1973); Battiste v. That seems pretty fair. R. A quitclaim deed with no money changing hands, or to . However, when a spouse signs an Arizona disclaimer deed for purchasing a house, the signing spouse cannot longer owns an interest in the residence. Quit Claim deeds are a quick and easy solution. If it was refinanced in your husband's name alone, the lending company almost certainly would have required you to sign a Disclaimer Deed. Contact us today to schedule an appointment. In Vance-Koepnick v. However, one spouse may gift the other his interest in community property, making it the separate property of the other. The Coon Creek Property. However, if the spouse’s efforts during. One such instance is when one spouse signs a disclaimer deed. 06 million ($24. Disclaimer Deed. 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. know about when you care to time. Contain allSigning a disclaimer deed on a house purchased during this marriage ca have dire, unintended results in in Arizona divorce. 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. Phoenix Arizona Quitclaim Deed from Husband and Wife to Husband and Wife Save your time searching for the best sample and make use of the US Legal online catalogue. 1979). A boat, owned and registered in your name, which you bought during your marriage with your income. 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. 623-321-1525 (fax) In Arizona, any assets purchased during the marriage are presumed to be community property. Deane, 211 Ariz. Phone: 602-230-9118. In Arizona, each spouse is a co-owner of all property earned by the other spouse during marriage. Signing a disclaimer deed on a house purchased during the marriage can have dire, unintended consequences in an Arizona divorce. In addition, deliver a copy of the disclaimer. Our paralegal team can help you make sure property interests and ownership are recorded accurately, and transferred according to your. 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. In Arizona, property is characterized. Yes, you can overcome the disclaimer deed. 933 (1931). Arizona has specific laws that affect how last wills work. Consequences from Disclaimer Deeds. Attorneys with you, every step of the way. A disclaimer deed is valid and enforceable unless the disclaiming party proves by clear and convincing evidence that the deed was procured by fraud or mistake. has over 26 years of Arizona family law experience and received awards from US News and World Report, Phoenix Magazine, Arizona Foothills. If you signed a disclaimer deed, the home is his sole and separate property. If I understand your situation correctly, you disclaimed your entire ownership in the house and gave your interest to your husband. 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; fraudulent quit claim deed is ineffective in an arizona divorce 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. S. Armer, 463 P. Pending Supreme Court review, this is controlling law. The take away from this case is that an Arizona divorce court may order a party to return the other person’s sole and separate property to enforce the property settlement agreement in Arizona and, further, can order the parties to exchange items of community assets that are in the other’s possession. (See Becchelli v. Pending Supreme Court review, this is controlling law. Foster, the husband filed an appeal of the trial court’s division of guns in an Arizona divorce. What does disclaimer deed mean in Arizona? The disclaimer deed. When that lien is divided between the spouses, the husband will receive $50,000. If you would like to work with one of our experienced Attorneys, please call OWENS & PERKINS at 480. That is the current law about the signing of disclaimer deeds (or […] The simple answer is, yes, there is a defense to a Bobrow claim in an Arizona divorce. 2d 712 (1953), the Arizona Supreme Court considered the question of whether Arizona courts would enforce an agreement made by an unmarried, cohabiting couple to pool their earnings and share equally in all assets gained during their time together. Arizona law specifies that a trust deed on community property is not valid unless both spouses execute and acknowledge it. Arizona Real Estate. If. (520) 433-9631. has over 26 years of Arizona family law experience and received awards from US News and World Report, Phoenix Magazine, Arizona Foothills. Sep 01, 2023 · 3 min read. Often, the largest assets most people have wenn they get divorced are their house and retirement. Divorce. See Bender v. 1 2007) (a valid disclaimer deed rebuts the presumption that property acquired during marriage is community property). 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. 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. However, one spouse may gift the other his interest in community property, making it the separate property of the other. Currently, Courts calculate that using a formula called the Drahos. To get a divorce, one spouse must start a court case in the Superior Court. In Stevens v. The new sole owner may then refinance or sell the home, independent of the other person’s approval. 2. A disclaimer deed can be used to title property as separate property in Arizona. 229, 508 P. Residential lease; Property deed transfer;. To get a divorce, one spouse must start a court case in the Superior Court. The same is true when the separate property is purchased during the marriage, but the other spouse signs a Disclaimer Deed. Yes, you can overcome the disclaimer deed. Often a “catch-all” provision in the decree. It awards half of that amount to the nonemployee spouse in the form of equivalent property. Armer, 463 P. In Arizona, community property implies equal ownership, so in most cases, it is fair to divide jointly held property equally. 3. So the community lien on the property is $90,000. The husband often used his separate funds to buy sheep and improve on the land. Now title company is involved and wants spouse to sign closing docs (and forego rights) or sign disclaimer deed (i. Find printable and fillable templates for any situation on. The Az, property acquired during this matrimony is typically community property. Promissory Note. We're available Mon-Fri 5 a. Find a legal form in minutes. Decision. Learn the specific estate planning documents you need to. Box 3145. There are state-specific regulations for people looking to get divorced in Arizona. 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. 00 as a down payment. Message. 90,000 + [60,000/300,000 x 150,000] = 90,000. 229, 508 P. But there’s one part of Arizona law that, in my experience, is very unfair. Under Arizona law, a couple can, by their intent, transmute the character of separate property to community property. 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. 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. One of our experienced family law attorneys can assist with the process of drafting a Stipulation and. Podcast Episode #22 – Owning Joint Property After Divorce. Many professionals, such as lawyers, mortgagors, and private detectives, regularly subscribe to these databases. The County presents the information on this web site as a service to the public. 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. This presumption can be rebutted in certain instances. Connecticut Real Estate. § 25-318, that allows a judge to order the sale of the property as part of a divorce decree. Here is a hypothetical to help demonstrate how this works. Residential lease; Property deed transfer; See all personal services. However, there are still options to get something out of the house, even 50%. 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. Arizona's divorce and family law statutes, which are contained in Title 25 of the Arizona Revised Statutes, generally describes community property as all property acquired by either spouse during the marriage except such property that is specifically defined Superior Courts Have Authority to Divide Community Property Equitably. In contrasty, aforementioned houses are require to award the separate property to the domestic who owns it; meaning separate property is not divided between the partners. The simple answer is a quitclaim deed. Before submitting a petition for divorce, one party must have resided in Arizona for a minimum of 90 days. § 25-318. Website. However, any money earned or assets acquired before marriage by a spouse is the separate property of that spouse. Whereas, if the accumulated paid time off is not reimbursable, it is the separate property of the spouse who earned it and it should not be divided in a divorce. Additional Automobile Clause. Message. The Scottsdale family law attorneys at Hildebrand Law, PC wanted to provide you with intelligence re the restrictions on selling a home throughout an Arizona divorce. A deed is a legal document that conveys title to real property. Under Arizona law, a couple can, by their intent, transmute the character of separate property to community property. City-Data Forum > U. Often, the largest assets most people have when they get divorced are their house and retirement. ordered by a court. Foster, the husband filed an appeal of the trial court’s division of guns in an Arizona divorce. File the disclaimer within nine months of the transfer (e. 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. Step 3: Closing On Your New Home. 8 out of 5 stars. Like many western states, Arizona allows legally married couples to own real estate as community property, with or without rights of survivorship. Upon one divorce in Arizona, the courts am require to divide community property equitably, which on the. Offers FREE consultation! Posted on Feb 16, 2018. Problems can arise. Son argued that, under the language of Arizona law, his father and Mrs. in a bankruptcy or a divorce case. If your ex-spouse refuses to sign the quitclaim there are several steps you can take to force them to do it. The Arizona Supreme Court agreed with the trial court’s decision that the interest in the ranch was husband’s separate property. Beneficiary Designations After Divorce in Arizona From Hildebrand Law, PC. App. All deeds are not created equal. Disclaimer This office is a filing agency, and we cannot provide legal. The court awarded assets totaling $184,843 to wife and $215,211 to the husband. Passports kept in property deed arizona divorce in arizona legal and excellent. The question becomes is there a defense to such a claim in an Arizona divorce case. The Court of Appeals held that a disclaimer deed is a legal document and its legal effect must be followed. 933 (1931). Quitclaim deeds are used most often when no money. This means that the transfer of property from one party to another was ordered by the court. (Bell-Kilbourne) But the community lien on this disclaimed separate property consisted of (a) the community contributions to/ reduction in mortgage principle, PLUS (b) 100% of the increase in value. EXAMPLE: Transfer of property . Understanding the impact of how moving during a divorce can affect the resulting proceedings is essential for deciding how you should proceed. A Disclaimer Deed can be one person’s best friend and another’s enemy. Pick your state from the list, explore the available samples, and select one in clicks. Real answers from licensed attorneys. However, you can own real estate separately from your spouse by getting them to sign a disclaimer deed, which waives their interest in the property. Bender, 123 Ariz. The question on appeal was whether the language of the document extended. To many, this is an unfortunate reality of the law and the legal effect of either signing a disclaimer deed, or otherwise. In the case of In Re Marriage of Inboden, 225 P. Many times during a dissolution of marriage, the need arises to evaluate a business so the court can determine the community interest in making an equitable distribution of the community assets and debs. We will also assume the house increased in value by $200,000, which means it. Often, the largest current most. Upon disconnect, the courts will equality divide community property. Tatum Blvd. 33-405. Residential lease; Property deed transfer; See all personal services. 12 for couples) in 2022. Schedule Now; Home. The Arizona Court out Appeals issued a. Ashley and Braxton, a married couple, purchase a home as joint tenants with right of survivorship for $200,000. In the case of Foster vs. Getty. Disclaimer Deed and Decided in Arias Explained by the Experienced Scottsdale Arizona Divorce Attorneys at Hildebrand Law, PC. House;. 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. Proving Separate Property in an AZ Divorce | Hildebrand Law, PC. In Arizona, each spouse is a co-owner of all property earned by the other spouse during marriage. By statute the divorce court is required to divide all community property equitably. 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. Last Will and Testament. 521, 169 P. Divorce; Name change; Real estate. 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. In a community property state — let’s say California — your ownership rights are automatic for a house acquired during your marriage. All property acquired during marriage until the time one party is served with the divorce paperwork is presumed to be community property. 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. Your home is equally shared between you, fifty-fifty — no matter how it’s titled. Disclaimer Of Property With Divorce. 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. Find out details about last wills, how to get started making your own will. Dividing property can be contentious. A. In Vance-Koepnick v. The most common basic people sign an disclaimer deed is because one spouse has better loan press qualifies for more favorable mortgage terms. Earnings of either spouse during a marriage are community property in Arizona. The division of marital assets is handled during this.