Legal Question in Family Law in Arizona
disclaimer deeds
My husband and I have been married for 10 years. Within that 10 years we have acquired a home, however due to my credit I had to sign a disclaimer deed on the home, with the assumption that my name would later be added to the deed. I have been paying as much on the mortgage as he has and now that we are about to get a divorce, he sais the house is his free and clear and I don't get any of the equity I have invested in the house thus far.
Is this true?
1 Answer from Attorneys
Re: disclaimer deeds
We are in a community property state. That means that everything you acquire during your marriage is presumed to be both of yours. When people sign deeds like you did, it is evidence he can use to try and overcome the presumption of community property. However, you would be able to provide testimony of 1) the facts that you have set forth in your question that support that it should be demed community property and 2) at a minimum, the money put into the house during the marriage, even if the house is his, is community property.
If there is anything I can help you with please feel free to contact me at 602-999-5555
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