Legal Question in Family Law in Arizona

Spouse's authorization to sell home during divorce

A friend of mine is preparing to file for divorce and he wants to sell his house. He's been told he has to have his wife's authorization to sell the house even though he bought it 2 years before they were married. Is it better for him to sell the house before he files for divorce or after he files? Also, does he really need his wife's authorization to sell his own home because she's not being cooperative. She was never added to the deed or mortgage, but he's aware she's entitled to 1/2 the equity. Also there were no children born to this marriage, although he has a son from a previous relationship whom he has sole custody and she has 2 daughters from a previous marriage. There were no adoptions involved. Thanks for any info you can give me.


Asked on 10/20/04, 5:32 pm

1 Answer from Attorneys
Rich Peters R. J. Peters & Assoc., P.C.

Re: Spouse's authorization to sell home during divorce

Sent 10/20/2004

He will need to get her to sign a quitclaim deed, only because that is the law in Arizona for any real estate transaction for a married person. He will not, however, owe her 1/2 of the entire equity. Since he never added her name to the deed, there are other theories as to what interest, if any, she may have.

I can explain the issues and procedures better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

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

/s/ Rich J. Peters, Attorney

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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

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Answered on 10/20/04, 6:14 pm


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