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Old 09-21-2014, 02:07 PM
 
3 posts, read 4,155 times
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After I got married I purchased a house and my wife had to sign a disclaimer deed. since we are constantly arguing, mainly over her drinking problem, can I have her removed from the house?
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Old 09-21-2014, 02:33 PM
 
Location: Amongst the AZ Cactus
7,068 posts, read 6,475,034 times
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Lawyer time.
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Old 09-21-2014, 02:35 PM
 
Location: Rural Michigan
6,341 posts, read 14,698,371 times
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Quote:
Originally Posted by JAH85225 View Post
After I got married I purchased a house and my wife had to sign a disclaimer deed. since we are constantly arguing, mainly over her drinking problem, can I have her removed from the house?
The "disclaimer deed" is worthless - Az is a community property state & you both have an undivided interest in the property. Divorce divides that interest.
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Old 09-21-2014, 02:41 PM
 
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Originally Posted by Zippyman View Post
The "disclaimer deed" is worthless - Az is a community property state & you both have an undivided interest in the property. Divorce divides that interest.
It is worthless even though her name is not on the mortgage?
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Old 09-21-2014, 03:35 PM
 
Location: Rural Michigan
6,341 posts, read 14,698,371 times
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Quote:
Originally Posted by JAH85225 View Post
It is worthless even though her name is not on the mortgage?
Short answer? Yes- its worthless even if she isnt on the mortgage.

Fwiw, the "disclaimer deed" only says that at this particular moment, the spouse has no interest in the property. If, at any time after that, the "disclaimed" spouse works on or pays even $1 towards the property, they have an undivided interest in the property. Dividing that interest out is what they do in divorce negotiations. If you and the wife were peachy-keen and fine & you decided to sell that house, her signature would be needed (even with the disclaimer deed).
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Old 09-21-2014, 04:02 PM
 
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http://i1305.photobucket.com/albums/...ps138e1072.jpg

This is what she had signed at the title company and was notarized, thank you all for your input on this
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Old 09-21-2014, 06:21 PM
 
Location: Phoenix, Arizona
52 posts, read 146,029 times
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*I am NOT a lawyer, and this is NOT to be taken as legal advice, you should definitely ask your lawyer!*

From my understanding...

The disclaimer deed is more intended for heirs when the property owner dies. However the property should remain yours to start, but your lawyer or judge will take into consideration if she put in money into the house, repairs, improvements, etc. Did you pay the lien from a joint account from a sole and separate account? That matters also.

The Disclaimer means she is already not on the deed, only you, so nothing to take her off of for that. She may still not on the mortgage which does not affect your legal right to sell/convey the property without her consent if needed. it also says line 3 "...has no PRESENT right, title...." meaning she COULD have future rights if she was helping pay, improving, etc.

again, I am NOT a lawyer, I am a Licensed Realtor® and this is NOT to be taken as legal advice, you should definitely ask your lawyer!
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Old 09-21-2014, 06:56 PM
 
3,391 posts, read 7,165,868 times
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Quote:
Originally Posted by JAH85225 View Post
After I got married I purchased a house and my wife had to sign a disclaimer deed. since we are constantly arguing, mainly over her drinking problem, can I have her removed from the house?
What did your lawyer say? You need legal advice, not input from random people on an anonymous internet message board.

Last edited by Kimballette; 09-21-2014 at 07:10 PM..
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Old 09-21-2014, 07:09 PM
 
Location: The Wild Wild West
44,643 posts, read 61,669,787 times
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That disclaimer is worthless paper in a state like AZ where you by right of marriage share joint tenancy with the right of survivorship. A pre-nup would have been a good idea before you got married. Now if you should die first it will automatically go to her.
As others have said I am not a lawyer, but it would be a good idea that you see one. He/she may be able to arrange something to fulfill your wishes.
I would also suggest you see the lawyer about setting up a trust for legal disposal of your ppty, especially in case you both die together.
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Old 09-22-2014, 12:43 AM
 
Location: Metro Phoenix, AZ USA
17,914 posts, read 43,443,128 times
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Quote:
Originally Posted by Kimballette View Post
What did your lawyer say? You need legal advice, not input from random people on an anonymous internet message board.

Precisely. Important legal rights and property rights require advice from someone qualified to give it who can stand behind the advice and take other actions for you that are necessary. This is not the place to get that.
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