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I have a quit claim deed that is supposed to have an exemption code on it, but I'm not sure which one to use.

Phoenix, AZ |

Quit claim deed for a house that is going from my ex-husband and I to just my ex-husband. No money is exchanging hands. What exemption code do I use? Also in the quit claim I put "in consideration.... $10", should that say zero since no money is changing?

Attorney Answers 1

Posted

If it is per court order, then A.R.S. Section 11-1134(A)(5). Otherwise, use (B)(3) for exemption between husband and wife. But, let me also ask, why the quitclaim vs. a general warranty deed? The benefit of the GWD is that the title insurance policy you received when you first purchased the house extends protections for any warranties of title that you provide. If for some reason there was ever a problem, your ex could get protection through the title company via the GWD title warranties. I appreciate that your splitting up and you may have no interest in extending that protection. I am mentioning this so that you are aware of this in case you one day need to deed or receive a deed from a parent or child.

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