Legal Question in Real Estate Law in Arizona

I bought a house with my fiancee a while back but recently some issues came up which may end our relationship. I have payed for everything related to the house and my fiancee right now agrees that the house belongs to me. I was thinking about having her sign a quitclaim form to relinquish her interest in the house in case our relationship dose indeed end. Even though she is ok with the idea of not contesting ownership, I am concerned about what could happen if we do seperate on bad terms and therefore the reason for the quitclaim form. My question is two-fold. Is a quitclaim form appropriate in this circumstance, so I would be the sole owner? Also, is it possible to just sign and notorize the form and keep it on hand without filing/recording it in case the worst does happen?


Asked on 3/17/10, 12:21 am

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

The quit claim deed is appropriate for use to transfer title to you alone. You would be best advised to have her sign the deed and record it immediately. If you resolve your differences and get married, then you can always put her back in title.

I would strongly advise you to make and sign a cohabitation agreement, it is the same type of agreement as a prenuptial agreement, however, a prenup is only in force if you get married. The cohabitation agreement will protect you now, and keep the relationship more amicable. The cohab agreement, if you decided to marry, can be transformed into your prenuptial agreement, and thus, carried forward into your marriage which is a very good thing. If you decide to break up, the cohab agreement says what happens and what each of the parties is obligated to do. This will minimize any fighting, because you have both agreed upon the details of how to separate.

Since you posed these questions, it is obvious that there are challenges in the relationship. I strongly advise you to consult with an experienced attorney and ask all your questions, and consider the cohabitation agreement. Action now will be a fraction of the cost and stress you will suffer if you go forward without proper preparation.

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Answered on 3/22/10, 9:01 am


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