The famous case for this in Arizona was a situation where a couple married and then filed for divorce a month later. Currently, Courts calculate that using a formula called the Drahos. Attn: Public Records. Arizona Disclaimer Deed Form. Non-Disclosure Agreement. The law, Mr. ARIZONA COMMUNITY PROPERTY LAWS. Often a “catch-all” provision in the decree. And in California, that. settling an ambiguity about inherited property. Choose your state from the list, explore the offered records, and pick one in a few clicks. Estate Planning. Description Disclaimer Deed. Upon divorce, the courts bequeath equally separate community property. When you add your spouse to your deed, you are giving them a gift. However, if the spouse’s efforts during. 8 out of 5 stars. See all personal services. 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. 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. Van Loan 569 P. The wife requested a trial to present. Our solution empowers you to save time so you can focus on more strategic tasks. Poulos Law Firm. Your divorce documents are prepared from start to finish. Often, the largest assets most our have when they procure divorced are their house and retirement. Arizona courts have long agreed. changing the way owners hold title to the property. Earnings of either spouse during a marriage are community property in Arizona. However, in Arizona it acts like a postnuptial. Decision. 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. do not presume that it is totally immune from the other spouse’s community property claim in the event of a divorce. 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. Lenders often require disclaimer. 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. Find a legal form in minutes. 2d 965, the Arizona court reviewed a similar case. ordered by a court. But during the month they were married, the husband bought a new home and paid $200,000. The amount of time that takes to get a dissolution or divorce can vary from case to case. The Arizona Court of Appeals in a memorandum decision in the case of Jimenez vs. The spouse has acquired title to the following real property situated in County, Arizona: See “Exhibit A” attached hereto and made a part hereof. Signing a disclaimer deed on a house purchased during the marriage can have dire, unintended consequences in an Arizona divorce. Mesa Arizona Quitclaim Deed from Husband and Wife to Husband and Wife Getting a fillable document has never been so easy. e. Where do I get a divorce? In Arizona, only the Superior Court can grant a divorce. That seems pretty fair. The Arizona Court of Appeals in the case of Hutki v. If you buy a home using money you earned or inherited before the marriage, it can make sense to keep your spouse off the deed, title, and mortgage. Of most common reason people sign a disclaimer deed is cause the married possess better financial and proficient available moreover favorable mortgage terms. If both parties are currently listed as owners, and one spouse is receiving the home, then the person signing over his or her share in the home (the grantor) must file. Appraisal Standard in Valuing Goodwill of an Attorney. However, any money earned or assets acquired before marriage by a spouse is the separate property of that spouse. Sep 01, 2023 · 3 min read. Disclaimer Deed and Decided in Arias Explained by the Experienced Scottsdale Arizona Divorce Attorneys at Hildebrand Law, PC. Filing Fees: Response to Petition for Dissolution $274. 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. Nothing can be more satisfying than winning a personal injury case and receiving compensation for your losses from the incident. ) § 41-312(E). File the disclaimer within nine months of the transfer (e. Minority Discount Buisness Appraisal When Valuing a Company in an Arizona Divorce From Hildebrand Law, PC. court order. 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. If tax, legal, accounting, investment, or other similar expert assistance is required, the services of a. Often, the largest assets most people have when they get divorced are their house and retirement. Tucson (520) 327-4000| Phoenix (602) 253-1515 | Mesa (480) 745-2552 | Toll Free 855-338-8383Lady Bird Deeds. , Suite 101. Mrs. In Van Loan v. Arizona is a community property state. The Scottsdale, Arizona Family Law Attorneys at Hildebrand Law, PC Discuss 3 Ways to Protect Your Personal Injury Award or Settlement During Divorce. However, when a spouse signs an Arizona disclaimer deed when purchasing adenine house, who signing partner no longer owns on fascinate include the house. Residential lease; Property deed transfer; See all personal services. Under this form of ownership, both spouses hold undivided shares of the whole, and when one spouse. Our office cannot commission someone who does not meet these standards. However, wenn a spouse signs an Arizona rejection deed when purchases a house, the signal spouse no lengthier have one interest in the house. One such situation occurs when a spouse signs a Disclaimer Deed to a home. 8 out of 5 stars. Proving Separate Property in an AZ Divorce | Hildebrand Law, PC. If. 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…. contract with seller. 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. This can only be rebutted by clear and convincing evidence to the contrary. As part of the process, a court must determine which debts belong to each individual spouse. Forms for Filing for a Dissolution of Marriage (Divorce) in Arizona. 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. Call us today at (480)305-8300 or reach out to us through. The rules and definitions are set forth at Section 33-431 of the Arizona Revised Statutes. 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. Fortunately, Arizona law is pretty clear that most property acquired during the marriage is split equally. 623-252-0292. Learn About the Valuation and Distribution Options For a Pension in an Arizona Divorce from the Experienced Attorneys at Hildebrand Law, PC. Apply for Loan Assumption. Deane issued a decision regarding whether unvested stock options in an Arizona divorce were. 635. The experienced Arizona divorce attorneys at Hildebrand Law, PC have over 100 years of combined experience calculating the division of pension benefits in a divorce in Arizona. 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. A signed disclaimer deed, absent fraud or mistake, conclusively establishes the separate nature of property acquired during marriage. As adenine result, to other spouse be asked by the bank till execute a disclaimer deed since i are not included on the. The parties owned a house, as well as a parcel of land. About What is a Disclaimer Deed? A Disclaimer Deed can be one person’s best friend and another’s enemy. Ashley and Braxton, a married couple, purchase a home as joint tenants with right of survivorship for $200,000. Poulos Law Firm. Call Now (480)305-8300Disclaimer Deeds and Divorce - Ellsworth Family Law on Consequences of Disclaimer Deeds or Quitclaim Deeds in Arizona Divorces; Archives. Community property. To get a divorce, one spouse must start a court case in the Superior Court. In Arizona, a disclaimer deed rebuts the community property presumption. It is somewhat disorienting on thinking that signing a low piece of color, which has become commonplace in many. Beneficiary Designations After Divorce in Arizona From Hildebrand Law, PC. One of our experienced family law attorneys can assist with the process of drafting a Stipulation and. Disclaimer deeds make it look like you were trying to cheat your spouse out of the house. 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 signed disclaimer deed, absent fraud or mistake, conclusively establishes the separate nature of property acquired during marriage. In that case, the Court ruled it would be “inequitable” to divide the house equally and awarded 85% of the. 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 Arizona Court of Pleas issued a seminal resolution regarding the effect von drawing a Disclaimer Deed signed in Arizona on a main purchased during an. 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. Arizona law specifies that a trust deed on community property is not valid unless both spouses execute and acknowledge it. Our network attorneys have an average customer rating of 4. With a couple of simple actions you have an editable Arizona Disclaimer Deed. Bobrow held a spouse who pays community bills during a divorce in Arizona may assets a claim to have the other spouse pay reimbursement for his or her share of those bills. Our Arizona divorce attorneys have over 100 years of combined experience successfully representing clients in divorce cases in Arizona. If you signed a disclaimer deed, then chances are the court will award the house to your spouse as his/her separate property. Hutki answered that question. Live Chat. 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. If you are asked to sign a Disclaimer Deed proceed with caution. Real questions about divorce from people like you. Find printable and fillable templates for any situation on. The Az, property acquired during this matrimony is typically community property. Bender, 123 Ariz. The husband often used his separate funds to buy sheep and improve on the land. (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 of the property. See all personal services. Choose from 85,000 state-specific document templates available for download in Word and PDF format. R. 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. Let’s talk about CRSC pay and divorce in Arizona. After the 60 days from the date of service passes, the. Search for state-specific templates available for you to download and print. Arizona has specific laws that affect how last wills work. 623-321-1525 (fax) In Arizona, any assets purchased during the marriage are presumed to be community property. Attorneys with you, every step of the way. It was bought with community property income (income earned during the marriage) A family home, which the deed states is owned by you and your spouse as. know about when you care to time. 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. In Arizona, if wife signs disclaimer deed giving husband sole ownership of home, is that considered sole property or community? - Legal Answers - Avvo Avvo LogoGlendale Arizona Quitclaim Deed from Husband and Wife to Husband and Wife Make the most of our extensive internet form collection to ensure you always have the ability to get actual samples that are ready for downloading, filling, and signing. EXAMPLE: Transfer of property . Before discussing the use of the quitclaim deed in divorce cases, you need to know a few basic terms: Deed. The court, coincidentally, also ordered the husband to. House;. The evidence suggested that they intended to hold their property in accordance with community property law. 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. Now title company is involved and wants spouse to sign closing docs (and forego rights) or sign disclaimer deed (i. Bender v. This occurs through the Disclaimer of Interest. Find out how a trustee deed is used to transfer ownership of real property in a foreclosure sale. You also may want to discuss its effect because a recent decision changed the calculus considerably for some spouses who executed disclaimer deeds. 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. While a disclaimer deed can title an asset as separate property, it doesn’t overrule commingling through community. 2d 818 (1970), the Arizona Supreme Court considered several quitclaim deeds a spouse signed. 11120 N. 8 out of 5 stars. Our paralegal team can help you make sure property interests and ownership are recorded accurately, and transferred according to your. in a bankruptcy or a divorce case. It is somewhat unsettling to think that signing a little piece of paper, which has become commonplace in many. 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. It reviewed each to determine whether the spouse intended to relinquish her. Collison acquired an ownership interest in the Cadillac vehicle under Arizona’s community property laws. Disclaimer Deeds and Divorce Read More » The post Disclaimer Deeds and Divorce appeared first on Ellsworth Family Law. Disposition. S. However, if the spouse’s efforts during. Maricopa County Recorder of Deeds Contact Information. In a divorce, the separate property belongs to the spouse holding title, while community property belongs to both spouses. An alternative is transferring the property to your. R. Residential lease; Property deed transfer; See all personal services. Upon a divorce in Arizona, and courts live desired toward divide community property fairly, which for the many partial means likewise. 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. has over 26 years of Arizona family law experience and received awards from US News and World Report, Phoenix Magazine, Arizona Foothills. A quitclaim deed with no money changing hands, or to . Arizona cases have held that it may enforce such disclaimer deed, and thus recognize the property as sole and separate. The new sole owner may then refinance or sell the home, independent of the other person’s approval. A5. 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. A legal document. However, exemption code A7 could also apply. A Court Cannot Simply Divide Community Property Based on a Percentage of Each Spouse’s Contributions of Separate Property. 8700. Then, when you need to use this template once again. Because after signing the Disclaimer Deed, community funds were likely used to pay the mortgage and/or make improvements on the home. A legal document. Using the capitalization-of-earnings approach, Wife’s position was that Husband’s goodwill. Becchelli, 109 Ariz. The husband moved to amend the judgment and filed a request for a new trial and subsequently filed an appeal to the Arizona C ourt of Appeals. General Deed and Divorce in As Clarified per the Experienced Scottsdale Arias Divorce Attorneys at Hildebrand Statutory, PC. 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. All deeds are not created equal. Attorneys with you, every step of the way. The grantor essentially guarantees that they have the right to convey the deed. In Barron, Husband requested an equalization payment from Wife. In Arizona, real estate you purchase while married is usually community property and divided evenly upon divorce. Property settlements are just one issue that has to be resolved in the divorce process. 33-405. Koepnick, 3 P. 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…. Arizona Real Estate. In some cases, however, it transmutes to community property. C. Tatum Blvd. contract with seller. Upon divorce, the courts becomes equally divide collaboration property. Pause. Residential lease; Property deed transfer; See all personal services. Decision. 8824 to schedule your free 30-minute consultation. Kingberry’s name was on the mortgage, however, but only because the lender insisted on it. v. 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. In Arizona, any assets purchased during the marriage are presumed to be community property. Once that occurs, the indexing information will be made available to the public. 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. In Arizona, an increase in the value of separate property during a marriage can be either separate or community property. A. Get the right guidance with an attorney by your side. Calculating a Community Lien on an Appreciating Asset in an Arizona Divorce 7 months ago Disclaimer Deeds Forfeit Ownership Interest Unless Fraud or Mistake ExistsCommingling Community and Separate Funds Can. Divorce; Name change; Real estate. Call 501-247-1830. Pending Supreme Court review, this is controlling law. 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. Send the Quit Claim Deed to your ex-spouse to sign. Nothing can be more satisfying than winning a personal injury case and receiving compensation for your losses from the incident. The involvement of the co-owner (or co-owner’s spouse) is not necessary. 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. The Arizona Court of Appeals displayed ampere seminal. Under Arizona Law, provided a divorce action has been properly filed and legal service of divorce papers can be documented, no disclaimer deed is required and the individual is free to acquire a. 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. 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. 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. The Arizona Court out Appeals issued a. So, in the case of a divorce, you may be obligated to divide assets, including equitable interest in the home. 78. See all personal services. Divorce; Name change; Real estate. 4600 to find out. Box 3145. For example, a warranty deed conveys good and clear title. Residential lease; Property deed transfer; See all personal services. Attorneys with you, every step of the way. Quit Claim deeds are a quick and easy solution. This deed provides protection by transferring ownership or rights to another party and helps to avoid potential risks or liabilities associated with. 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. Arizona is a community property state. Learn About Calculating a Community Property Lien on a Depreciating Asset in Arizona from the Experienced Attorneys at Hildebrand Law, PC! In fact, the non-owner spouse’s share of the community lien is only 50%, and so their respective share (through the community lien) of the equity in the property is a good deal less than 50% of the equity in the property. Skip toward content. Learn how to transfer the interest in your house after a divorce, or in many other situations. Stat. Product deeds in Arizona able having major consequences down aforementioned road during a getting. 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. When a marriage ends in Arizona, both the community assets and the community debts are divided between the spouses. In the Inboden divorce, the trial court based the division completely on the separate fund contributions of each spouse. The wife later objected to the agreement; stating that the division and assets were not fair and equitable. 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. One exception is when one spouse signs a disclaimer deed as part of a real estate transaction. A disclaimer deed is used to disclaim one spouse’s interest in a separate property real estate asset. Legal Advice;. Oct 11, 2023 · 2 min read. The question sometimes arises as to what a court may do when separate property is used to buy community property in Arizona. The concept of co-mingling comes up when sole and separate property. 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. Specifically, a consideration in choosing a valuation date should include an analysis of whether the assets is an appreciating or depreciating asset or an asset, such as a bank account, that has a fixed and. This means that the transfer of property from one party to another was ordered by the court. We will also assume the house increased in value by $200,000, which means it. However, if you are going through a divorce or planning to. 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. Probate Attorney in Oro Valley, AZ. In Donn v. Create a new deed to transfer the property as described in the divorce decree. Grants and devises to two or more persons; estates in common; community property with right of survivorship; joint tenants with right of survivorshipA deed that conveys an interest in your real estate ownership (“adds someone on”) has the legal effect of giving that additional person the same bundle of rights to which you are entitled. In Armer v. Contact Us; 480. Skip to content. Message. Go Twitter Linkedin. It is somewhat unsettling to think that signing a little piece of paper, which has become commonplace in many. 2010),. Summary. During the divorce and after the divorce. If Husband succeded in his fraudulent inducement claim, the nature of the home would have changed from sole property to community property. In the case of In Re Marriage of Inboden, 225 P. The Court then looked at the record for evidence of the intent of the wife and husband. Pick your state from the list, explore the available samples, and select one in clicks. (See Becchelli v. Half-relatives. Koepnick, 3 P. A conveyance recorded to satisfy a . 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. Divorce; Name change; Real estate. 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. Your home is equally shared between you, fifty-fifty — no matter how it’s titled. 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;The Arizona Court of Appeals issued a seminal decision re the effect regarding signing a Disclaimer Deed signed in Arizona on a home purchased during an Arizona marriage to the case of Bell-Kilbourne v. 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. The simple answer is a quitclaim deed. Disclaimer Deed and Divorce in Arizona Explained by the Experienced Scottsdale As Divorce Attorneys at Hildebrand Decree, PC. Consequences Of A Disclaimer Deed In An Arizon Divorce. The type of title depends upon the language in the deed. Before obtain into this, if you haven’t read my article switch Arizona Disclaimer Deeds, and you shouldn read information first. Co-mingling Issues and Tracing Issues in Arizona Divorce Cases. Bell-Kilbourne case discussed the impact of Disclaimer Deeds on what may have otherwise been community property. Call us today at (480)305-8300 or reach out to us through. The same is true when the separate property is purchased during the marriage, but the other spouse signs a Disclaimer Deed. Tucson’s best deeds. In Az, property new whilst the marriage is typically community property. 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. See all personal services. In Community Property States. Residential lease; Property deed transfer; See all personal services. Yes, you can overcome the disclaimer deed. The County presents the information on this web site as a service to the public. 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. The question becomes is there a defense to such a claim in an Arizona divorce case. 2d 938 (1935), the Arizona Supreme Court was asked to interpret a power of attorney written and signed by a couple during the marriage that granted a third person authority to deal with their property. DISCLAIMER DEED WITNESSETH THIS DISCLAIMER DEED, made by Hereinafter called “the undersigned” to Hereinafter called “the spouse”, WHEREAS: The spouse has. We're available Mon-Fri 5 a. To many, this is an unfortunate reality of the law and the legal effect of either signing a disclaimer deed, or otherwise. 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. 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. Additional Automobile Clause. 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. 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. The question on appeal was whether the language of the document extended. This presumption can be rebutted in certain instances. This is required only of individual estates that exceed a gross asset and prior taxable gift value of $12. S. Martin $46,688. 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. 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. . Signing a disclaimer deed on a house purchased during the marriage can have dire, unintended consequences in can Arizona decided. An Arizona notary must meet several basic requirements which are listed in Arizona Revised Statute (A. However, the Court of Appeals said, under the Arizona Supreme Court decision in Toth v. as described in Arizona Revised Statutes, section 12-1103, subsection B or otherwise executed for no monetary consideration. Disclaimer Deed and Getting in Arizona Explained to the Experienced Scottsdale In Divorce Counsel at Hildebrand Law, PC. 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. Estate Planning. However, there are still options to get something out of the house, even 50%. In Arizona, real estate you purchase while married is usually community property and divided evenly upon divorce. Disclaimer Of Property. § 25-318(A) The Supreme Court first reviewed the Arizona statute that controls the disposition of property in a dissolution of marriage case, A. Unlike some community property states, Arizona does.