No one likes going to court. Avoid the costs and the nerves associated with appearing in court by utilizing our private mediation services. Furthermore, the courts are log-jammed and it could be months before you are able to have your day in court. Divorce is hard enough, why prolong it?
Following up from the last post, I’ll address the common questions I hear from people who have signed a disclaimer or quitclaim deed to a house. Even though the spouse who disclaimed his/her interest in a house does not have a community interest in the house, he/she can still have an interest in the house in the form of a community lien. Again, in Arizona, property is characterized as either community or separate. A house is one spouse’s separate property when they own it prior to marriage, or when the other spouse signs a disclaimer deed at or after the purchase.
Signing a disclaimer deed on a house purchased during the marriage can have dire, unintended consequences in an Arizona divorce. Often, the largest assets most people have when they get divorced are their house and retirement. It is somewhat unsettling to think that signing a little piece of paper, which has become commonplace in many transactions, will result in one spouse losing out on their community share of one of those large assets–the house. This article explains the legal effect of signing a disclaimer deed as it relates to property division in an Arizona divorce, to hopefully provide guidance to those in this situation and/or to caution those looking to purchase a house.
Steven M. Ellsworth
This certified family law specialist brings nearly 25 years of professional expertise to his practice.
By Vicki Hogue-Davies
When it comes to how he built his law career, Steven M. Ellsworth believes that his decision to specialize in family law was a major contributor to his success. Ellsworth, founder of Ellsworth Family Law in Mesa, Ariz., has practiced in his specialty area for nearly 25 years, helping hundreds of clients navigate through divorce and other life challenges. Continue reading
Someone once said ‘It’s never too late.’ This applies to getting a divorce. Whether you have waited until you catch your spouse being unfaithful, or you wait until the kids are all grown up the time will come when the divorce happens. The closer you get to the time for the divorce, the more early preparation will save you from unnecessary trouble.