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#82910 - 03/02/06 10:56 PM disclaimer deed
bigunit Offline
recently joined

Registered: 03/02/06
Posts: 5
Bought a home in late 2004, wife signed a disclaimer deed. I made the downpayment from my funds (My salary is >4 times that of wife's) but we only had a joint account, thus she signed a disclaimer for the bank account too, giving me complete access to all of the money in it.
11 months later we had a divorce filed, and my attorney says house is mine as she signed disclaimer. My only question is just because for those 11 mo I made mortgage payments from joint account does that qualify as comingling of assets? (Principle paid in 11 mo is less than 1% of cost of the house and less than 6% of total equity)Or is it still my "Sole & Separate Property"?

Plz. Advise

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#82911 - 03/08/06 02:26 AM Re: disclaimer deed [Re: bigunit]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
She signed the deed...it's yours.
_________________________
If you air your dirty linen in public, expect people to comment on the skid marks!

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#82912 - 03/08/06 04:12 PM Re: disclaimer deed [Re: Gecko]
bigunit Offline
recently joined

Registered: 03/02/06
Posts: 5
Thx for the reply.

ok, so the house is mine, but can she claim any equitable lien on the price appreciation just because 11 mo. of mortgage payments were made from joint a/c?

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#82913 - 03/09/06 04:14 AM Re: disclaimer deed [Re: bigunit]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
No. Signing off on the deed means she signs of ANYTHING having to do with the house.

On a side note...shame that Randy left the D-Backs.
_________________________
If you air your dirty linen in public, expect people to comment on the skid marks!

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#82914 - 03/09/06 04:40 PM Re: disclaimer deed [Re: Gecko]
bigunit Offline
recently joined

Registered: 03/02/06
Posts: 5
Thx. Again

Ya, Shame that Randy left, I sincerely wished that D-Backs could keep Randy & Curt here for longer tenures. I hope D-Backs do better this year. They look promising....

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#82915 - 05/01/06 08:06 AM Re: disclaimer deed [Re: bigunit]
NeeHelp Offline
recently joined

Registered: 09/03/04
Posts: 11
House will be your but there will equitable lien on the house. it happened to me.

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