Legal Question in Family Law in Arizona

Re: Buying property after filing for divorce

Under Arizona law, so long as the pending matter concludes with a Decree (or so long as the matter does not get "dropped"), then ANY property acquired after the date of service remains the sole and separate property of the party who acquired it. HOWEVER, if you use community funds to purchase it (i.e. joint savings), then she may have a claim to trace her share of those funds.

The other entities involved, however (title company, mortgage compnay), may nonetheless require a disclaimer deed from Wife since your matter is still pending.

Please call me directly to discuss the specifics of your case, or contact my assistant Cathy to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com

Re: Buying property after filing for divorce

Thank you for your inquiry.

In simplest terms, the "community" begins on the date of marriage and ends on the date the divorce petition is served on the other party. Anything acquired during this period of time is presumed to be the community property of the spouses.

Assets acquired after the petition is served are sole and separate assets (so anything you buy now is yours); HOWEVER, because you are still legally married, in order for you to buy property, your wife must sign a disclaimer deed indicating that she has no claim or interest in your property.

I hope this information is useful to you.

Sincerely,

Monica H. Donaldson

[email protected]