Legal Question in Real Estate Law in Arizona
Equity Check
Married, rented property, spouse moved out and signed a waiver to allow my sole and seperate purchase of the property. We reconcilled and I will sell this property. Does the equity check belong to me soley?
1 Answer from Attorneys
Re: Equity Check
You have not given enough facts to give an answer. If we assume that the property is titled/owned by you as your sole and separate property now, and your spouse signed a DISCLAIMER of any and all interest in the property, then it would seem that you can sell the property and the proceeds would be your separate property.
I would advise you to make and enter into a post-nuptial agreement with your spouse, whether you think that your reconciliation will last forever or you think that you might divorce in the future or you just don't know. In every event, you will save money and mega stress if you make an agreement now about all financial and property issues while both parties are acting in good faith and working on promoting the relationship.