Legal Question in Family Law in Arizona

Re: Relinquish rights

The Quitclaim Deed is of course binding with respect to her right to own the house. However, it may not necessarily deprive her of any interest she may have in any equity that may exist. That depends upon other factors, including your mutual intentions when executing the quitclaim, and whether she left the residence, for good, at the same time.

If there are additional matters that you would like to discuss, please call me, or my assistant Cathy, to schedule a free 1/2 hour consultation.

/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: Relinquish rights

If I understand your question correctly, you want to know whether your home is community property (to be divided on divorce) or separate property (you own it 100%, free from any claim she might make).

With a few exceptions, the fact that your wife signed a disclaimer deed (or quitclaim) would raise the presumption that the house is now your sole and separate property (not subject to division). The exceptions depend on the situation and the reasons for signing away her rights.

If you would like to discuss this matter further, or if you are interested in discussing other asset protection matters, please feel free to contact me directly: [email protected] or (480) 792-9770.

/s/ Monica H. Donaldson, Esq.