Legal Question in Family Law in Arizona
Transmutation of Community Property to Separate Property
My husband and I are going through a difficult divorce. WHen we purchased our house, we took title in both names and purchased the house with our salaries. My husband hasbad has several gambling debts which forced us to refinance our house. In order to refinance, I had a quitclaim deed transfer ownership in my name alone since his credit was so bad. My question is whether this quitclaim deed transmuted the house from community property to my separate property in regards to distribution of assets at divorce under Arizona law?
1 Answer from Attorneys
Re: Transmutation of Community Property to Separate Property
The answer to your question is not simple. Since we are in a community property state, the presumption is that it is community property. The fact it is in your name alone may be evidence that it is sole property however the court will look at the entire picture in making that determination. The fact that you had to refinance and could only do it in one of your names is not dispostive of the issue.
Good luck and let me know if you have any other questions.
Ronee Steiner
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