Legal Question in Real Estate Law in Arizona
Divorce - Joint tenants w/right of survivorship
I was awarded the marital home in divorce in 1995. There is currently a lien on the home that if it is sold my ex would receive at least $10,000 of equity. What do I need him to sign to eliminate that provision? ''Wife is awarded all right, title & interest in and to the premises subject to all encumbrances & other obligations, .....'' If I die, I do not want him to receive the home or any monies from its sale, but want to leave it to my children - how do I make sure that is a provision on this home where his name is still on the mortgage loan? Help!
1 Answer from Attorneys
Re: Divorce - Joint tenants w/right of survivorship
A proper deed by your ex should do it. I cannot give a proper opinion without reviewing your divorce decree. Also, your will or a beneficiary deed can be put in place to protect your estate and have it properly structured. If you have children under age 30 there may be other estate planning issues for you. You can get a free, no obligation consultation by calling 480.835.1500 or can also call that number to request a complimentary copy of my audio CD, "Your Estate Plan."
If your ex has any liens or judgments against him they may have attached to the house, clouding the title. That needs to be checked and considered as well if it applies.
Good luck and best regards.
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