Legal Question in Family Law in Arizona

Re: Will a signed disclaimer deed by my husband make the house Non community pro

Thank you for your inquiry.

I can't give you a certain answer to your question, but I can tell you the legal perspective on the issue.

In Arizona (a community property state), it is presumed that anything acquired prior to the marriage is separate property and anything acquired during the marriage (unless by gift or inheritance) is community property.

These presumptions can be rebutted based on the facts of the situation. For instance, if you own a home prior to marriage, but you change the deed to add your spouse during the marriage, it is then presumed that you intended to gift the house to the community, and it becomes community property.

In your situation, the asset was acquired during the marriage, but it is held as your separate property (because of the disclaimer). Based on the information you've given me, I would take the position that there is a presumption that the house is your separate property; your husband, however, could argue that the house was put in your name only because of his credit/employment situation, and that this should not disturb the community property presumption.

This information is only relevant if you are divorcing. If you are not divorcing (and if you have no intention to do so), there is nothing keeping you from putting the deed to the house in both names to assure that it is considered community.

Please contact me if I can be of further assistance.

/s/ Monica H. Donaldson