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#37194 - 10/20/05 04:14 PM Disclaimer Deed
friedeggz Offline
recently joined

Registered: 10/20/05
Posts: 2
My husband signed a disclaimer deed when we bought our house 1 1/2 years ago. Will that hold up while going through the divorce settlement? :confused:

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#37195 - 10/20/05 04:51 PM Re: Disclaimer Deed [Re: friedeggz]
Rebecca5 Offline
Carpal \'Tunnel

Registered: 06/03/05
Posts: 11697
Loc: Down home.
I did some looking around about this issue, since I don't live in AZ, nor am I familiar with the term "disclaimer deed."

I found this answer to a similar question on a real estate website:

"I understand how unfair it sounds and there is a legal theory, which supports an argument that the other party is entitled to something. Here in Arizona, the idea of 'transmutation' from a sole and separate asset to a community asset is possible. Further, any monies your husband paid may be considered community funds- his daily earnings during the marriage. Take the time to speak to an attorney about how best to handle the issue in the divorce proceedings. Perhaps the two of you can construct an agreement without a battle. Good luck."

So essentially, it seems that if he paid to support the upkeep of the home, it may be argued that the home became joint property through the comingling of funds, even if he signed the disclaimer.

I hope that helps.

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#37196 - 10/21/05 05:30 PM Re: Disclaimer Deed [Re: friedeggz]
friedeggz Offline
recently joined

Registered: 10/20/05
Posts: 2
Thanks for the advice... I just don't want to lose my house because I am the one who financed it, put the down payment on it and he wasn't working for 5 months while I was supporting us and our new baby. He is also the one who wants the divorce, a gambler, and was unfaithful...YEAH I know how to pick 'em. Thanks Again

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