Legal Question in Real Estate Law in Arizona

This question relates to AZ property laws. My fiance divorced on July 28, 2006 wherein the Court awarded his exwife their residental home. He was suppose to receive a quit claim deed and sign it over. If he didnt it would default and a certified copy would be recorded with the County Recorder. The court failed to do so. Two days prior to the final decree they both signed a Joint Tenancy with Rights to Survivorship. Does the divorce make this null and void? Also, in the decree it was ordered that he pay $50K for the difference in community property. Is this valid given that all records indicate he is still co-owner. The deed was changed in order for her to obtain a 2nd Mortgage.


Asked on 7/10/10, 7:40 am

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

The parties to a divorce cannot change the order of the court (the divorce decree) on their own. Both parties are duty bound to perform the obligations described in the decree. If they want something different, they should retain counsel and go back to court to modify the decree and the court's orders.

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Answered on 7/10/10, 1:54 pm


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