Divorce in AZ,what happens to my house? (mortgage, attorney)

[dario77]

hi all

i know AZ is community property state.

lets say after marriage i use my 200.000$ in cash to buy a house (no mortage).
So house was purchased after the marriage took place.

My wife does not contribute with anything.
house was taken in my name only.
Money to buy a house came from my bank account..

After 2 years we divorce.

Does she retains rights to the home despite the fact that it was purchased solely with my money ?

And i forgot to mention at the time of purchase she still lived in europe, so

[Ponderosa]

Originally Posted by dario77

hi all

i know AZ is community property state.

lets say after marriage i use my 200.000$ in cash to buy a house.
So house was purchased after the marriage took place.

My wife does not contribute with anything.

After 2 years we divorce.

Does she retains rights to the home despite the fact that it was purchased solely with my money ?

no

[Huckleberry3911948]

same as here, get a 2nd or 3rd job and buy her out (right of 1st refusal, its the law she has gota let ya.).
i cleaned toilets for 3/ 1/2 years at night plus a high stress day job to do it but i kept the house.

[Greatday]

Originally Posted by dario77

hi all

i know AZ is community property state.

lets say after marriage i use my 200.000$ in cash to buy a house.
So house was purchased after the marriage took place.

Does she retains rights to the home despite the fact that it was purchased solely with my money ?

When you purchased your home, did your spouse sign a "disclaimer deed", disclaiming any interest she may have had at the time of acquisition or IN THE FUTURE?

How was the home titled? Was it put in both of your names?

If the home was put in both of your names, she has a community property interest when the disposition of assets happens in a divorce. Conversely, she will also have obligation for a portion of any mortgage debt acquired to purchase the home.

The short answer to your inquiry is, she may very well have a community property interest UNLESS she disclaimed an interest at the time of acquisition.

You mention divorce: Are you using legal counsel? If so, consult with your counsel.

[dario77]

Originally Posted by Greatday

When you purchased your home, did your spouse sign a "disclaimer deed", disclaiming any interest she may have had at the time of acquisition or IN THE FUTURE?

How was the home titled? Was it put in both of your names?

If the home was put in both of your names, she has a community property interest when the disposition of assets happens in a divorce. Conversely, she will also have obligation for a portion of any mortgage debt acquired to purchase the home.

The short answer to your inquiry is, she may very well have a community property interest UNLESS she disclaimed an interest at the time of acquisition.

You mention divorce: Are you using legal counsel? If so, consult with your counsel.

house was taken in my name only.
Money to buy a house came from my bank account..
no mortage
but she didnt disclaimed interest at the time of acquisition,at that time she still lived in europe (we got married in europe).
can i sell my house without her?

[AZJoeD]

In a divorce situation, ALL property is subject to the divorce settlement decree.

However, if you purchased the home "Sole and Separate" and your wife signed the Disclaimer Deed, your leverage will be greatly improved.

Your attorney should be reviewing your situation and advising you.

[Bummer]

Originally Posted by dario77

hi all

i know AZ is community property state.

lets say after marriage i use my 200.000$ in cash to buy a house (no mortage).
So house was purchased after the marriage took place.

My wife does not contribute with anything.
house was taken in my name only.
Money to buy a house came from my bank account..

After 2 years we divorce.

Does she retains rights to the home despite the fact that it was purchased solely with my money ?

And i forgot to mention at the time of purchase she still lived in europe, so

Have you considered a QuitClaim Deed until the divorce is final?

[dario77]

Originally Posted by AZJoeD

In a divorce situation, ALL property is subject to the divorce settlement decree.

However, if you purchased the home "Sole and Separate" and your wife signed the Disclaimer Deed, your leverage will be greatly improved.

Your attorney should be reviewing your situation and advising you.

I purhesed home "Sole and Separate" ! At that time she still lived in europe waiting for her visa to get to US. But we got married before that (in europe).
Situation is even getting worse now because she left US and i want to sell my house soon

[Greatday]

Originally Posted by dario77

house was taken in my name only.
Money to buy a house came from my bank account..
no mortage
but she didnt disclaimed interest at the time of acquisition,at that time she still lived in europe (we got married in europe).
can i sell my house without her?

Chances are, you will use the services of a title and escrow company when selling your home now. As a matter of practice, and because you were married at the time you acquired the home and because she DID NOT disclaim an interest at that time or thereafter, the title company will more than likely REQUIRE she sign a disclaimer deed now (at the sale). Absent that, you will have a "clouded title" and the title company is not likely to insure good and marketable title.

Can you get her to sign a disclaimer deed now?

[Zippyman]

If she contributed even $1 for maintenance or repairs she now has an interest in the house - even if she had signed a "disclaimer deed" at the time of purchase.

Community Property is community property.