Legal Question in Family Law in Arizona
Do Disclaimer Deeds hold water on investment properties during divorce?
I was married for 3.5 years, during
which time I purchased over 20
investment properties using both what
would be consitered ''community funds''
and personal business funds. My wife,
a licensed REALTOR in Az, signed
disclaimer deeds on almost every
property at the time of purchase. The
disclaimers were never for the purpose
of financing OR refinancing, as I paid
cash for the majority of them. We are in
the middle of a divorce now and she is
claiming half interest on EVERY
property. Will the disclaimer deeds
hold up in DIVORCE court, and if not,
will an appeals court overturn the
decision made by the divorce court. is
there aby case law that has overturned
the decision?
2 Answers from Attorneys
Re: Do Disclaimer Deeds hold water on investment properties during divorce?
You have provided limited facts, so my brief response just addresses those facts. To the extent community funds were used to purchase the properties, there is a community claim for reimbursement, even if a disclaimer deed was signed.
We offer a free initial consultation, so please feel free to contact our office to speak with one of our attorneys about the details of your case.
Re: Do Disclaimer Deeds hold water on investment properties during divorce?
While I do not have the specific cases at my fingertips, I know there is case law that would support you and case law that would support her. It truly will depend upon the facts surrounding the transactions and disclaimer deeds, and the facts will be "decided" by your trial Judge.
I could, if you like, perform specific legal research to find the exact cases on point. I would expect 2-4 billable hours to do so.
We also offer free 1/2 hour consultations, in which we can discuss your matter in detail. (Although this would not include case-specific research.
Please call me directly to discuss the specifics of your case, or contact my assistant Alicia to schedule a free 1/2 hour consultation.
/s/ Rich J. Peters, Attorney
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R. J. PETERS & ASSOC., P.C.
1422 N. 2nd Street, Suite 100
Phoenix, Arizona 85004
602x254x7251
602x254x1229 (facsimile)
see our web page at www.familylawaz.com
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