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AZ community property law: disclaimer deed and community property?

Phoenix, AZ |

We are married for 18 years, 10 years ago I signed a disclaimer deed for our house. Giving up interest and claims to the house. This was done for mortgage purposes. What can I get from the property in case of divorce? Do I have any rights to it or did I loose it completely due to deed. Should I ask my husband to put my name back on title?

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Attorney answers 1


From a real estate perspective, you signed and allowed to have recorded a legal document stating that you had no interest in the house. That type of document is not just "for mortgage purposes" and there is not a defense of "I didn't really mean it".

That being said, you should sit down and talk with a divorce and real estate attorney to discuss what rights you may have in the property that have ripened since your disclaimer deed. Have community property funds gone to improve the house or pay the mortgage? the real property taxes? the homeowner's insurance? You may have some rights to recovery from the value of the property even if you may not have any remaining rights to title to the property.

If you can get your husband to put you back on title, great. Something tells me that may need to be a negotiation rather than just a request. Determining your rights first will give you an idea of what ammunition you have to make that request.

Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. I am licensed in Arizona and can only provide general comments on matters outside of Arizona law. Actual legal advice can only be provided after a direct consultation in which all of the relevant facts are considered before providing a response.