The type of title depends upon the language in the deed. 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. 2005). Records of deeds, disclaimer to the value of the same manner to transfer. Skip to content. 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. Discover all you need to handle paperwork in electronic format on one platform: up-to-date blanks, PDF editor, and eSigning features. Phoenix, Arizona 85016. CALCULATING A COMMUNITY LIEN ON AN APPRECIATING ASSET IN AN ARIZONA DIVORCE. INCREASE FONT SIZE. Product deeds in Arizona able having major consequences down aforementioned road during a getting. Get the right guidance with an attorney by your side. The Az, property acquired during this matrimony is typically community property. Get the right guidance with an attorney by your side. Please look for my blog next week discussing these issues further. See all personal services. Community property. Promissory Note. Describes the interest. The Court reviewed case decisions about whether one spouse’s personal injury award is the separate property or community property in Arizona. Your divorce documents are prepared from start to finish. 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. See all personal services. However, one spouse may gift the other his interest in community property, making it the separate property of the other. 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. 3. a share of the equity). Create a new deed to transfer the property as described in the divorce decree. 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. Upon one divorce in Arizona, the courts am require to divide community property equitably, which on the. Nothing can be more satisfying than winning a personal injury case and receiving compensation for your losses from the incident. The Scottsdale, Arizona Family Law Attorneys at Hildebrand Law, PC Discuss 3 Ways to Protect Your Personal Injury Award or Settlement During Divorce. Contact us today to schedule an appointment. 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. They are usually cloaked in a refinance or purchase to aid the credit process. 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. 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. If it was refinanced in your husband's name alone, the lending company almost certainly would have required you to sign a Disclaimer Deed. calculating a community lien on a depreciating asset in arizona; effect of a disclaimer deed or quit claim deed in a divorce in arizona; bank accounts and divorce in arizona; dividing paid time off in a divorce in arizona; equalization payments in. 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. Armer, 463 P. However, one spouse may gift the other his interest in community property, making it the separate property of the other. Our network attorneys have an average customer rating of 4. This means that the transfer of property from one party to another was ordered by the court. Declares the intent to disclaim the. Phone: 602-230-9118. If your ex-spouse refuses to sign the Quit Claim Deed, despite a divorce decree saying that you were awarded the house, then you will need to ask the court to. court order. Print. 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…. 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. Non-Disclosure Agreement. Son argued that, under the language of Arizona law, his father and Mrs. § 25-318. Arizona law recognizes that spouses can transmute separate property into community property by commingling community money with sole and separate money. Sep 01, 2023 · 3 min read. 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. This is common practice in Arizona as it is a community property state. m. There is plenty of discovery that needs to be conducted to prove the extent of a community lien. 8824 to schedule your free 30-minute consultation. A. 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. Where do I get a divorce? In Arizona, only the Superior Court can grant a divorce. Still, when ampere spouse signs an Arizona disclaimer deed when purchasing a house, the signing spouse cannot longer owns an attract in the house. We track deadlines and ensure all court rules are followed. Deane issued a decision regarding whether unvested stock options in an Arizona divorce were. See Bender v. The Arizona Supreme Court noted two methods of determining that interest. Go Twitter Linkedin. However, a mere expectation to receive money is not divided in a divorce. The law, Mr. Address, Phone Number, Fax Number, and Hours for Maricopa County Recorder of Deeds, a Recorder Of Deeds, at South 3rd Avenue, Phoenix AZ. has over 26 years of Arizona family law experience and received awards from US News and World Report, Phoenix Magazine, Arizona Foothills Magazine and. Tatum Blvd. Federal estate tax return – due nine months after the individual’s death, though an automatic six-month extension is available if asked for prior to the conclusion of the nine-month period. 3d 1082 (1999), the appellate court considered a promissory note signed only by one spouse. Divorce can be hard. 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. I signed a Disclaimer Deed so that my wife could purchase a home in Arizona as her sole a separate property. Find printable and fillable templates for any situation on. Understanding the impact of how moving during a divorce can affect the resulting proceedings is essential for deciding how you should proceed. In Community Property States. One such option is for you to take 50% of the money in all joint bank accounts and leave the other 50% for your spouse. In the decree of dissolution, the trial court divided the parties’ community property. Call LegalZoom See our FAQs. Beneficiary deeds; recording; definitions. However, that isn’t always the 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. See all personal services. She now intends to Quit Claim the home to herself and her sister. We also specialize in preparing beneficiary deeds. 2. Disclaimer Deed and Decided in Arias Explained by the Experienced Scottsdale Arizona Divorce Attorneys at Hildebrand Law, PC. 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 judge also lacks the authority to order your spouse to sign a Disclaimer Deed to allow you to purchase a home during the pending Arizona divorce because the Arizona legislature does not grant a trial judge that authority. 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. However, there are still options to get something out of the house, even 50%. 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. An Arizona notary must meet several basic requirements which are listed in Arizona Revised Statute (A. Struggling with using the disclaimer divorce case is presumed to litigate the house as an increase in. PT. 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. . Dividing property can be contentious. 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. Our network attorneys have an average customer rating of 4. In Arizona, a spouse signing over property by quitclaim generally gives up all interest in it. Your husband can sign a special warranty deed from him to both of you taking title as community property with right of survivorship. calculating a community lien on a depreciating asset in arizona; effect of a disclaimer deed or quit claim deed in a divorce in arizona; bank accounts and divorce in arizona; dividing paid time off in a divorce in arizona; equalization payments in an arizona divorce; omitted assets in an arizona divorce decree; crsc pay and divorce in arizonaAll property acquired during marriage until the time one party is served with the divorce paperwork is presumed to be community property. Signing a disclaimer deed on a house purchased during the marriage can have dire, unintended consequences in can Arizona decided. Even though the other party signed a disclaimer deed, the property may in some instances still be community property or in the alternative the community may have an equitable lien (i. Live Chat. Delay in Dividing Assets Omitted in a Divorce Decree Is Not a Waiver. Divorce; Name change; Real estate. Disclaimer Deed Arizona Form Rating. A legal document. A divorce decree in Arizona is intended to divide all community property between the spouses. 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. 2d 59 (1973); Battiste v. When a marriage ends in Arizona, both the community assets and the community debts are divided between the spouses. Disposition. 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. Arizona is a community property state… so when one spouse purchases a home and does not go on title, as an owner, the non borrowing spouse will need to sign a Disclaimer Deed. 90, 93 (App. It is somewhat disorienting on thinking that signing a low piece of color, which has become commonplace in many. And in California, that. The first is the “present cash value method”. Signing a disclaimer deed on a house purchased during the marriage can have dire, unintended consequences in an Arizona divorce. As part of the process, a court must determine which debts belong to each individual spouse. This refers to the transfer of real property as a gift. 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. 8700. The Arizona Court of Appeals in the matter of Brebaugh v. That is the current law about the signing of disclaimer deeds (or […]The Arizona Court of Appeals in the case of Bobrow v. But during the month they were married, the husband bought a new home and paid $200,000. (References 1 and 4) The pivotal factor is usually whether the real estate originated as community property, however. The evidence at trial established that the parties were married on February 15, 2000. About What is a Disclaimer Deed? A Disclaimer Deed can be one person’s best friend and another’s enemy. Consequences Of A Disclaimer Deed In An Arizon Divorce. 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. In Arizona, property is characterized. In Arizona, property acquired with the marriage is typically collaboration property. Find out how a trustee deed is used to transfer ownership of real property in a foreclosure sale. Avvo has 97% of all lawyers in the US. That means that all money earned by either spouse during the marriage belongs equally to both. 1 2007) (a valid disclaimer deed rebuts the presumption that property acquired during marriage is 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 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. Before April 2020, if you purchased a house during a marriage and one of the spouses signed a disclaimer. Property that is gained by a spouse through inheritance or gift will be that spouse’s sole and separate property, regardless if received before, during, or after a divorce or. Arizona is one of nine community property states in the U. S. Call (858) 793-8884 - Bickford Blado & Botros is dedicated to helping individuals and families with family issues including Family and Divorce cases. If only one spouse signs a personal guarantee, that creditor cannot come after the community property that was acquired during marriage. Murin took title to the whole property in the divorce. in Arizona can become substantially more complicated when one of the spouses has a professional practice. ”. At the time of Braxton’s death, his half of the property automatically transferred to Ashley. Getty. (See Becchelli v. For example, a warranty deed conveys good and clear title. Arizona Real Estate. S. as described in Arizona Revised Statutes, section 12-1103, subsection B or otherwise executed for no monetary consideration. a share of the equity). In Arizona, both spouses are required to sign a personal guarantee before their community property can be used to satisfy a debt under a personal guarantee. The simple answer is a quitclaim deed. Divorce; Name change; Real estate. However, the Court of Appeals said, under the Arizona Supreme Court decision in Toth v. Real questions about divorce from people like you. Now title company is involved and wants spouse to sign closing docs (and forego rights) or sign disclaimer deed (i. Murin cites the Arizona Supreme Court opinion in Rundle v. g. If you need further assistance, you should consult with an experienced family law attorney. When he died, the home was worth $400,000. A mortgage lender may also require one spouse to sign a disclaimer deed. These can be very technical issues. Residential lease; Property deed transfer; See all personal services. A5. The court, coincidentally, also ordered the husband to. 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. In Arizona, community property implies equal ownership, so in most cases, it is fair to divide jointly held property equally. 8 out of 5 stars. A. Arizona law specifies that a trust deed on community property is not valid unless both spouses execute and acknowledge it. The Arizona Court of Appeals in the case of. Stop. If. Toth, an equal division is not always equitable. Arizona is a community property state. 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 arizona33-431. The wife requested a trial to present. 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. 00. A divorce decree was issued dissolving the parties’ marriage, dividing their marital assets, and awarding Wife spousal maintenance of $600 for 120 months. In the Hutki case, the husband and the wife reached a rule 69 settlement agreement in their divorce case. Legal Advice;. You also may want to discuss its effect because a recent decision changed the calculus considerably for some spouses who executed disclaimer deeds. 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. Upon a divorce in Arizona, and courts live desired toward divide community property fairly, which for the many partial means likewise. Deane, 211 Ariz. Generally, property a spouse acquired before marriage remains the separate property of that spouse. Contact us today to schedule an appointment. 4600 to find out. 1 Comment / Divorce, Domestic Relations, Posts / By Ellsworth Family Law. 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. 95, 97–98, ¶ 6 (App. Maricopa Arizona Quitclaim Deed from Husband and Wife to Husband and Wife Obtain a document from the US Legal Forms catalogue and eliminate paper chaos or lost time with old samples. Attorneys with you, every step of the way. 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. 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. 90,000 + [60,000/300,000 x 150,000] = 90,000. 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. Anderson, 256 P. quiet title. Often, the largest assets most people have when they get divorced are their house and retirement. When you add your spouse to the deed, however, the spousal basis is still what you paid for the property. Divorce; Name change; Real estate. Website. Our network attorneys have an average customer rating of 4. Download legal document forms from the largest catalogue of legal forms. General Rule of Collecting Community Debts from a Spouse’s Separate Property in Arizona. Disclaimer Deed. A judge will divide a divorcing couple's property and debts, unless the couple is able to reach a settlement agreement. 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. 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. It is not an offer to represent you, nor is it intended to create an attorney-client relationship. e. 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. US Legal Forms ensures you get an up-to-date and professionally checked legal template that totally complies with your demands and state’s regulations. The court awarded some of the guns to the husband as his sole and separate property but divided other firearms as community property. in a bankruptcy or a divorce case. do not presume that it is totally immune from the other spouse’s community property claim in the event of a divorce. The concept of co-mingling comes up when sole and separate property. Your home is equally shared between you, fifty-fifty — no matter how it’s titled. In Armer v. 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. 3d 1082 (1999), the appellate court considered a promissory note signed. To many, this is an unfortunate reality of the law and the legal effect of either signing a disclaimer deed, or otherwise. Signing a disclaimer satzung on adenine house purchased during that marriage can must dire, unintended consequences in an Arizona divorce. "Disclaimer. "Half" relatives inherit as if they were "whole. In Donn v. 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. Yes, you can overcome the disclaimer deed. In Stevens v. The only exceptions to that rule are property acquired gift, devise, or descent or earned after service of a divorce petition. Fortunately, Arizona law is pretty clear that most property acquired during the marriage is split equally. Aforementioned Arizona Court of Addresses issued a. Attorneys with you, every step of the way. Arizona Real Estate. Under Arizona law, a couple can, by their intent, transmute the character of separate property to community property. 1979) Suggests that fraud is grounds for reclassifying as community property real property held as sole and separate pursuant to disclaimer deed. Barron addressed those issues. In Arizona, the property is categorized as either separate or community. Phoenix, Arizona 85016. Signing a disclaimer deed on a house purchased during the marriage can have dire, unintended consequences in an Arizona divorce. In Arizona, each spouse is a co-owner of all property earned by the other spouse during marriage. 9. It is somewhat unsettling to think that. A conveyance recorded to satisfy a . Passports kept in property deed arizona divorce in arizona legal and excellent. Residential lease; Property deed transfer;. 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. Attorneys with you, every step of the way. Sep 01, 2023 · 3 min read. The Short Answer. 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. 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. Call Joan Bundy Law at 480. Disclaimer Deeds and Divorce - Ellsworth Family Law on Consequences of Disclaimer Deeds or Quitclaim Deeds in Arizona Divorces; Archives. The quitclaim deed leaves one party as the sole title holder. The overall point is that a spouse who signs a disclaimer deed (or used community funds to pay on the other spouse’s separate property owned prior to marriage) can obtain some equitable relief in divorce and there is a formula for reimbursement. 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. In Az, property new whilst the marriage is typically community property. Van Loan 569 P. This is common practice in Arizona as it is a community property state. 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. Often, the largest assets most people have when they get divorced are their house and retirement. 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. If I understand your situation correctly, you disclaimed your entire ownership in the house and gave your interest to your husband. With of house being one of the largest. Judicial Deeds Judicial deeds are issued by court orders. Against a divorce in Arizona, the courts are required toward divide community property justly, which for one. Learn how to transfer the interest in your house after a divorce, or in many other situations. 933 (1931). Conclusion. In the case of Foster vs. Hutki answered that question. EXAMPLE: Transfer of property . Learn the specific estate planning documents you need to. Divorce; Name change; Real estate. (See Becchelli v. Minority Discount Buisness Appraisal When Valuing a Company in an Arizona Divorce From Hildebrand Law, PC. 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. 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. The simple answer is, yes, there. The evidence suggested that they intended to hold their property in accordance with community property law. Disclaimer Deed and Divorce in Arizona Explained by the Experienced Scottsdale Arizona Divorce Attorneys at Hildebrand Law, PC. In a divorce, the community may be entitled to a community lien of $100,000. However, that isn’t always the case. It reviewed each to determine whether the spouse. It also states, "the undersigned does hereby disclaim, remise, release and quitclaim unto the spouse and to the heirs and assigns of said spouse forever, all right, title, interest, claim and demand which the. The court will apportion the community property interest in retirement accounts between the spouses and will award each spouse his or her separate. Currently, Courts calculate that using a formula called the Drahos. Probate Attorney in Oro Valley, AZ. 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. As, the lodge becomes of other spouse’s. In those cases, a couple of options exist for you. The parties owned a house, as well as a parcel of land. Problems can arise. 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. Will a signed disclaimer deed by my husband make the house Non community propert. If you signed a disclaimer deed, then chances are the court will award the house to your spouse as his/her separate property. Finding a Realtor During a Divorce in Arizona From Hildebrand Law, PC by Our Experienced Arizona Realtor Chris Carter-Kent. Satisfied(313) What Is A Disclaimer Form Form popularity. 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. 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. These requirements will be reviewed and verified in the application process. A. But there’s one part of Arizona law that, in my experience, is very unfair. Problems can arise. 623-321-1525 (fax) In Arizona, any assets purchased during the marriage are presumed to be community property. The most important thing to accomplish prior to or at the beginning of a divorce is to have both. 11120 N. A person who murders his spouse is not entitled to. DISCLAIMER DEED WITNESSETH THIS DISCLAIMER DEED, made by Hereinafter called “the undersigned” to Hereinafter called “the spouse”, WHEREAS: 1. Bell-Kilbourne. 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. 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. 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. Residential lease; Property deed transfer; See all personal services. However, any money earned or assets acquired before marriage by a spouse is the separate property of that spouse. In short, the. See all personal services. Next, the Court considered whether a pending divorce between the co-owners enlarges the right of one co-owner to force a sale. In an Arizona divorce, a Response can be filed after receiving a petition for divorce. Find out how a trustee deed is used to transfer ownership of real property in a foreclosure sale. Upon divorce, the courts bequeath equally separate community property. Let’s talk about CRSC pay and divorce in Arizona. The rules and definitions are set forth at Section 33-431 of the Arizona Revised Statutes. A signed disclaimer deed, absent fraud or mistake, conclusively establishes the separate nature of property acquired during marriage. An increase in the value of that separate property during the marriage is also separate property. 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. If you are told “ it’s not a big deal ” -think again! If you’re the one signing a Disclaimer Deed to real property here’s the deal: You affirmatively state that you have NO interest in the real. If you are asked to sign a Disclaimer Deed proceed with caution. A. The famous case for this in Arizona was a situation where a couple married and then filed for divorce a month later. The Long Answer. Many professionals, such as lawyers, mortgagors, and private detectives, regularly subscribe to these databases. 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. Sep 01, 2023 · 3 min read. In Van Loan v. Offers FREE consultation! Posted on Feb 16, 2018. Ariz. This is required only of individual estates that exceed a gross asset and prior taxable gift value of $12.