Under this form of ownership, both spouses hold undivided shares of the whole, and when one spouse. So, if you and your brother are in a car accident and he dies a few hours after you do, his estate would not receive any of your property. With of house being one of the largest. A. The new sole owner may then refinance or sell the home, independent of the other person’s approval. The Arizona Court of Appeals in the matter of Brebaugh v. Just because there is a Disclaimer Deed, it doesn’t mean that one spouse gets to keep 100% of the house. In Arizona, the property is categorized as either separate or community. 8700. Our paralegal team can help you make sure property interests and ownership are recorded accurately, and transferred according to your. Phoenix, Arizona 85016. Son argued that, under the language of Arizona law, his father and Mrs. 623-252-0292. Disclaimer Deed and Decided in Arias Explained by the Experienced Scottsdale Arizona Divorce Attorneys at Hildebrand Law, PC. ordered by a court. 11120 N. changing the way owners hold title to the property. In order to protect your best interests and your property, you need to consult with an attorney as early in the process as you can. Tucson Arizona Community Property Disclaimer Getting a fillable document has never been so easy. If the property is purchased with separate funds, but community. Residential lease; Property deed transfer; See all personal services. Kunz, 79 P. Notwithstanding subsection B of this section and section 25-214, subsection C, a mortgage or deed of trust executed by a spouse who acquires the real property encumbered by that mortgage or deed of trust after service of a petition for dissolution of marriage, legal separation or annulment shall be enforceable against the real property if the petition does not result in a decree of. Call us today at (480)305-8300 or reach out to us through. 2d 59 (1973); Battiste v. A quitclaim deed is a fast way to transfer ownership of property, but there are specific occasions where a quitclaim deed is warranted because it…. If. When a marriage ends in Arizona, both the community assets and the community debts are divided between the spouses. This is a simple legal document filed with the county that gives you full rights to the property and removes the co-owner’s name. Your husband can sign a special warranty deed from him to both of you taking title as community property with right of survivorship. Koelsch, noted that property earned by either spouse’s employment is community property in Arizona. Residential lease; Property deed transfer; See all personal services. One such option is for you to take 50% of the money in all joint bank accounts and leave the other 50% for your spouse. (2) They can own it separately as separate property. Decision. The first is the “present cash value method”. This is common practice in Arizona as it is a community property state. Call us today at (480)305-8300 or reach out to us through. has over 26 years of Arizona family law experience and received awards from US News and World Report, Phoenix Magazine, Arizona Foothills. It is somewhat unsettling at think that signing an very piece of paper, which has become commonplace in many. Yes, you can overcome the disclaimer deed. However, it is still within the judge’s. To get a divorce, one spouse must start a court case in the Superior Court. If you are reading this article, you probably know that CSRC refers to Combat-Related Special Compensation pay. Since the community expired when the wife died, it was not possible to hold the husband liable. Pending Supreme Court review, this is controlling law. Specifically, a consideration in choosing a valuation date should include an analysis of whether the assets is an appreciating or depreciating asset or an asset, such as a bank account, that has a fixed and. Of most common reason people sign a disclaimer deed is cause the married possess better financial and proficient available moreover favorable mortgage terms. S. Call us today at (480)305-8300 or reach out to us through. 623-321-1525 (fax) In Arizona, any assets purchased during the marriage are presumed to be community property. Please look for my blog next week discussing these issues further. Jimenez had to address the issue, among others, of whether an Arizona divorce court has the legal authority to join a third party in a divorce case for the purpose of allowing a spouse to bring a fraudulent conveyance claim in an Arizona. An. Residential lease; Property deed transfer;. In Arizona, property procured during to marriage a typically our property. Signing a disclaimer deed on a house purchased during the marriage can have dire, unintended consequences in an Arizona divorce. If your ex-spouse refuses to sign the Quit Claim Deed, despite a divorce decree saying that you were awarded the house, then you will need to ask the court to. Avvo has 97% of all lawyers in the US. to 7 p. To inherit under Arizona's intestate succession statutes, a person must outlive you by 120 hours. If you need information about a judgment for premarital loans in an Arizona divorce, you should seriously consider contacting the attorneys at Hildebrand Law, PC. The spouse has acquired title to the following real property situated in County, Arizona: See “Exhibit A” attached hereto and made a part hereof. In addition, if the property is purchased with shared funds, both spouses have legal rights to half of the property, and. After a petition is filed for divorce, copies of the papers must be served on a spouse unless they waive service and that waiver is filed with the court. See Bender v. Website. CALCULATING A COMMUNITY LIEN ON AN APPRECIATING ASSET IN AN ARIZONA DIVORCE. Van Loan 569 P. 33-405. However, the Court of Appeals said, under the Arizona Supreme Court decision in Toth v. However, in Arizona it acts like a postnuptial. Beneficiary deeds; recording; definitions. Disclaimer deeds make it look like you were trying to cheat your spouse out of the house. Attorneys with you, every step of the way. DISCLAIMER DEED WITNESSETH THIS DISCLAIMER DEED, made by Hereinafter called “the undersigned” to Hereinafter called “the spouse”, WHEREAS: 1. Arizona Real Estate. However, if you are going through a divorce or planning to. 623-321-1525 (fax) In Arizona, any assets purchased during the marriage are presumed to be community property. If I understand your situation correctly, you disclaimed your entire ownership in the house and gave your interest to your husband. ARIZONA COMMUNITY PROPERTY LAWS. Describes the interest. Attorneys with you, every step of the way. 2. The four premises of value Arizona court’s may apply to a business appraisal in a divorce case are the “going concern premise,” “value of the assets premise,” “value of the sale of the assets premise,” “value of the assets in an expedited liquidation premise. If you are asked to sign a Disclaimer Deed proceed with caution. This represented her share of the community income earned during their three years of separation. The involvement of the co-owner (or co-owner’s spouse) is not necessary. The evidence at trial established that the parties were married on February 15, 2000. Signing a disclaimer deed on ampere home purchased during the wedlock can have dire, unintended consequences in an Arizona divorce. PT. ” They claim that Mrs. How to fill out Arizona Disclaimer Deed? If you're seeking correct Arizona Disclaimer Deed samples, US Legal Forms is just the right thing you need; find documents made. However, one spouse may gift the other his interest in community property, making it the separate property of the other. The second question after the inevitable call occurring in is whether the state has a revocation of nonprobate assets upon death statute. S. It is somewhat disorienting on thinking that signing a low piece of color, which has become commonplace in many. Attorneys with you, every step of the way. All Divorce; Separation Agreements. Monahan responds that any defect was cured when Mr. 2. The court concluded that retirement assets, including pensions, are treated in the same manner as all other community property in Arizona and are, therefore, divided between spouses in a divorce. The Arizona Court of Appeals displayed ampere seminal. and lender. Disclaimer and quit claim deeds are two other types of deeds, neither of which warrants a good title. Images of historic records may be viewed during business hours at the Recorder’s office locations, 240 N Stone Avenue or 6920 East Broadway Blvd, Suite D, Tucson. 933 (1931). Dividing property can be contentious. The simple answer is a quitclaim deed. In Vance-Koepnick v. Learn the specific estate planning documents you need to. In Arizona, each spouse is a co-owner of all property earned by the other spouse during marriage. § 25-318. The court concluded that retirement assets, including pensions, are treated in the same manner as all other community property in Arizona and are, therefore, divided between spouses in a divorce. The Sellers next argues that the policy covers the Cadillac as an “additional automobile. In Arizona, an increase in the value of separate property during a marriage can be either separate or community property. 229, 508 P. Any community property that is not mentioned in a divorce decree is transformed into property held as tenants in common. January 2022; November 2021; July 2021; March 2021; February 2021; December 2020; November 2020; July 2020; June 2020; May 2020; April 2020; March 2020; February 2020; Categories. A court will want to know if she was represented by counsel and how much she understood about what she was doing. While a disclaimer deed can title an asset as separate property, it doesn’t overrule commingling through community. However, you can own real estate separately from your spouse by getting them to sign a disclaimer deed, which waives their interest in the property. USE THIS TOOL TO LISTEN TO AUDIO. Koepnick, 3 P. This is commonly signed in a marriage when the parties buy or refinance a home and take the loan out in just one spouse’s. property that the spouses have agreed (in writing) is separate, usually through a legally valid prenuptial or postnuptial agreement, and. Real questions about divorce from people like you. In Arizona, all money acquired by either spouse during the course of the marriage – other than gifts and inherited property — is presumed to be community property in which each spouse has an interest. The parties owned a house, as well as a parcel of land. City-Data Forum > U. Fortunately, Arizona law is pretty clear that most property acquired during the marriage is split equally. Attorneys with you, every step of the way. 3. The community property presumption can be rebutted with a signed disclaimer deed. An interspousal transfer deed, more technically called an interspousal transfer grant deed, is a legal document used to give sole ownership of shared property, such as a house, to one person in a. Face Twitter Linkedin. If both parties are currently listed as owners, and one spouse is receiving the home, then the person signing over his or her share in the home (the grantor) must file. The Arizona Supreme Court agreed with the trial court’s decision that the interest in the ranch was husband’s separate property. The community is entitled to a community lien. Before submitting a petition for divorce, one party must have resided in Arizona for a minimum of 90 days. Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine. Disclaimer Of Property With Divorce. A: A quit claim deed transfers any interest that the seller owns in a property to the buyer, and it is one of a number of types of deeds the seller. The famous case for this in Arizona was a situation where a couple married and then filed for divorce a month later. Under certain circumstances. A. An Arizona disclaimer deed is a legal document and it has legal effect. Skip to content. We also specialize in preparing beneficiary deeds. Stat. The short answer to the question can there be waste of the equity in a marital home in Arizona is, yes, the court will recognize a claim of waste of the equity in a home during a divorce in Arizona; either because a spouse did not take care of the home or intentionally losing equity in the home due. The Court then looked at the record for evidence of the intent of the wife and husband. Thus, of our becomes the other. The Arizona Court of Appeals in a memorandum decision in the case of Jimenez vs. The County presents the information on this web site as a service to the public. 8 out of 5 stars. In Community Property States. Delay in Dividing Assets Omitted in a Divorce Decree Is Not a Waiver. Print. Summary. ordered by a court. That argument was rejected by the Court of Appeals (and the Arizona Supreme Court is not going to review that argument). However, when a spouse marking an Arizona disclaimer deed when purchasing ampere houses, the signing spouse don longer owns an fascinate in the house. e. The evidence suggested that they intended to hold their property in accordance with community property law. I signed a Disclaimer Deed so that my wife could purchase a home in Arizona as her sole a separate property. Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your Arizona community property case around today. The simple answer is, yes, there. If you signed a disclaimer deed, then chances are the court will award the house to your spouse as his/her separate property. The quitclaim deed leaves one party as the sole title holder. Call Us: (480) 219-2433. calculating a community lien on a depreciating asset in arizona; effect of a disclaimer deed or quit claim deed in a divorce in arizona; bank accounts and divorce in arizona; dividing paid time off in a divorce in arizona; equalization payments in an arizona divorce; omitted assets in an arizona divorce decree; crsc pay and divorce in arizonaThe Scottsdale, Arizona Community Property Lawyers at Hildebrand Law, PC Discuss a Murderer-Spouse & Community Property Share in Arizona. calculating a community lien on a depreciating asset in arizona; effect of a disclaimer deed or quit claim deed in a divorce in arizona; bank accounts and divorce in arizona; dividing paid time off in a divorce in arizona; equalization payments in. quiet title. Earnings of either spouse during a marriage are community property in Arizona. Division of Debt in Arizona Divorce Explained by Hildebrand Law, PC. If you signed and Arizona disclaimer deed and are going driven a divorce, you NEED to read this article to find out like this affects your rights to your house and what you can do regarding she. Often a “catch-all” provision in the decree. Often, the largest current most. Find a legal form in minutes. Forums > Arizona > Phoenix area: Divorce in AZ,what happens to my house? (mortgage, attorney) User Name: Remember Me:. From a real estate perspective, you signed and allowed to have recorded a legal document stating that you had no interest in the house. Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by. An increase in the value of that separate property during the marriage is also separate property. to 4 p. Arizona Disclaimer. In Arizona, property acquired with the marriage is typically collaboration property. We have tried to ensure that the information contained in this electronic search system is accurate. The Arizona Court out Appeals issued a. However, there are contrary arguments that can be made, including fraud or mistake, or the fact that the community paid the mortgage and other expenses associated with the home. Phone: 602-230-9118. Disclaimer Deeds and Divorce Read More » The post Disclaimer Deeds and Divorce appeared first on Ellsworth Family Law. Toth, an equal division is not always equitable. Arizona court’s lacked guidance on how to address Stock Options and Restricted Stock Units until the Arizona Court of Appeals addressed the issue directly in the case of Brebaugh v. Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your Arizona community property case around today. Disclaimer Deed and Divorce in Arizona Explained of the Experience Scottsdale In Divorce Attorneys at Hildebrand Law, PC. January 2022; November 2021; July 2021; March 2021; February 2021; December 2020; November 2020; July 2020; June 2020; May 2020; April 2020; March 2020; February 2020; Categories. For a person not named on the deed of the timeshare, who does not wish to inherit the interest, a legal mechanism exists by which the person can reject this or any inheritance. 1979). The court, coincidentally, also ordered the husband to. a share of the equity). Fortunately, Arizona law is pretty clear that most property acquired during the marriage is split equally. I recommend that you have this deed professionally prepared. 2d 712 (1953), the Arizona Supreme Court considered the question of whether Arizona courts would enforce an agreement made by an unmarried, cohabiting couple to pool their earnings and share equally in all assets gained during their time together. That means that all money earned by either spouse during the marriage belongs equally to both. A mortgage company often asks a borrower to sign a disclaimer deed so that his spouse not having her name on the loan, cannot claim any interest in the property. The wife later objected to the agreement; stating that the division and assets were not fair and equitable. The Arizona Court of Appeals in the case of Hutki v. The beneficiary deed offers you a low-cost way to transfer real property here in Arizona, by avoiding the expense and delay of probate. Against a divorce in Arizona, the courts are required toward divide community property justly, which for one. One of you files for divorce and, during marriage, you and your spouse paid down the mortgage by $100,000, which means the mortgage owed on the house is now $400,000. Baldwin could only hold property as community property. (References 1 and 4) The pivotal factor is usually whether the real estate originated as community property, however. What You Need to Know About Complex and High Net Worth Divorce and the Divorce Process in Arizona. court order. (Bell-Kilbourne) But the community lien on this disclaimed separate property consisted of (a) the community contributions to/ reduction in mortgage principle, PLUS (b) 100% of the increase in value of the property. The Rule on Omitted Assets in an Arizona Divorce Decree. But like life, in divorce answers are rarely that simple. One of you files for divorce and, during marriage, you and your spouse paid down the mortgage by $100,000, which means the mortgage owed on the house is now $400,000. 2010),. Call LegalZoom See our FAQs. Under Arizona law, a couple can, by their intent, transmute the character of separate property to community property. Proving Separate Property in an AZ Divorce | Hildebrand Law, PC. That means that, after the divorce decree was entered, each spouse was the owner of 50% of. Contact Information Address: 102 South Main Street Yuma, AZ 85364 Phone: (928) 373-6020 Office Hours:The process of getting a divorce involves the division of assets and earnings between the married couple and includes determining community versus sole and separate property in Arizona. In that case, the Court ruled it would be “inequitable” to divide the house equally and awarded 85% of the. calculating a community lien on a depreciating asset in arizona; effect of a disclaimer deed or quit claim deed in a divorce in arizona; bank accounts and divorce in arizona; dividing paid time off in a divorce in arizona; equalization payments in an arizona divorce; omitted assets in an arizona divorce decree; crsc pay and divorce in arizonaTypes of Business Appraisals in an Arizona Divorce From Hildebrand Law, PC. The husband moved to amend the judgment and filed a request for a new trial and subsequently filed an appeal to the Arizona C ourt of Appeals. The only exceptions to that rule are property acquired gift, devise, or descent or earned after service of a divorce petition. We use cookies to improve security, personalize the user experience, enhance our marketing activities (including cooperating with our marketing partners) and for other business use. 2The Arizona Court of Appeals in a published decision in the case of Barron vs. Mrs. R. Signing a disclaimer deed on a house purchased during the marriage can have dire, unintended consequences in an Arizona divorce. Rental Lease Agreement. Click To Call Us (480) 219-2433. . The court will apportion the community property interest in retirement accounts between the spouses and will award each spouse his or her separate. If you buy a home using money you earned or inherited before the marriage, it can make sense to keep your spouse off the deed, title, and mortgage. It effectively means the grantor is relinquishing, or “quitting,” any rights, interests, or. Regardless of the basis for signing that repudiation. The Arizona Court of Appeals has ruled that property that starts out as one spouse's separate property by deed, even during the marriage, can't be pulled into the marital estate in the event of divorce. As part of the process, a court must determine which debts belong to each individual spouse. Before April 2020, if you. This related explains the legal effect are signing a general deed as it relates to immobilien division inbound an Arizona divorce, to hopefully provisioning guidance to those in this situation and/or to caution those looking at shopping one house. The general rule in Arizona is that a wife’s separate property is not liable for the debts of the community. You also may want to discuss its effect because a recent decision changed the calculus considerably for some spouses who executed disclaimer deeds. Arizona has specific laws that affect how last wills work. It is not an offer to represent you, nor is it intended to create an attorney-client relationship. If you need further assistance, you should consult with an experienced family law attorney. If tax, legal, accounting, investment, or other similar expert assistance is required, the services of a. We use cookies to improve security, personalize the user experience, enhance our marketing activities (including cooperating with our marketing partners) and for. To get a divorce, one spouse must start a court case in the Superior Court. Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your community property or family law case around today. 11120 N. Find out details about last wills, how to get started making your own will. In Arizona, real estate you purchase while married is usually community property and divided evenly upon divorce. In Arizona, if wife signs disclaimer deed giving husband sole ownership of home, is that considered sole property or community? - Legal Answers - Avvo Avvo LogoGlendale Arizona Quitclaim Deed from Husband and Wife to Husband and Wife Make the most of our extensive internet form collection to ensure you always have the ability to get actual samples that are ready for downloading, filling, and signing. If only one spouse signs a personal guarantee, that creditor cannot come after the community property that was acquired during marriage. The question becomes whether every person contesting a rule 69 agreement in Arizona is entitled to a trial on the issue. Deane, 211 Ariz. The court will apportion the community property interest in retirement accounts between the spouses and will award each spouse his or her separate. Stop. All Divorce. We will also assume the house increased in value by $200,000, which means it. A disclaimer deed can be used to title property as separate property in Arizona. All property acquired during marriage until the time one party is served with the divorce paperwork is presumed to be community property. Before April 2020, if you purchased a house during a marriage and one of the spouses signed a disclaimer deed, the house would lose its characterization of being community property and immediately become. In Stevens v. 3d 1082 (1999), the appellate court considered a promissory note signed only by one spouse. It noted that, under Arizona law, it is the superior court’s job in a divorce to divide all community property held by a couple. in a bankruptcy or a divorce case. PT and weekends 7 a. Contain allSigning a disclaimer deed on a house purchased during this marriage ca have dire, unintended results in in Arizona divorce. When you add your spouse to your deed, you are giving them a gift. Get the right guidance with an attorney by your side. Ashley and Braxton, a married couple, purchase a home as joint tenants with right of survivorship for $200,000. Now title company is involved and wants spouse to sign closing docs (and forego rights) or sign disclaimer deed (i. 623-252-0292. Under Arizona's community property laws, all assets and debts a couple acquires during marriage belong equally to both spouses. 2d 818 (1970), the Arizona Supreme Court considered several quitclaim deeds a spouse signed. We want to talk about the effect of improvements to separate property in an Arizona divorce by discussing the Arizona Court of Appeals’ decision addressing what impact improvements to a spouse’s separate property has on a divorce in Arizona. The Arizona Court of Appeals in a memorandum decision in the case of Jimenez vs. The rules and definitions are set forth at Section 33-431 of the Arizona Revised Statutes. The overall point is that a spouse who signs a disclaimer deed (or used community funds to pay on the other spouse’s separate property owned prior to marriage) can obtain some equitable relief in divorce and there is a formula for reimbursement. R. When you add your spouse to the deed, however, the spousal basis is still what you paid for the property. Get the right guidance with an attorney by your side. Often, that largest inventory most. A disclaimer deed is a deed in which a spouse disclaims any interest in the real property acquired by the other spouse. That is the current law about the signing of disclaimer deeds (or […] The simple answer is, yes, there is a defense to a Bobrow claim in an Arizona divorce. In the case of Lightning Delivery Co. calculating a community lien on a depreciating asset in arizona; effect of a disclaimer deed or quit claim deed in a divorce in arizona; bank accounts and divorce in arizona; dividing paid time off in a divorce in arizona; equalization payments in an arizona divorce; omitted assets in an arizona divorce decree; crsc pay and divorce in arizonaAll property acquired during marriage until the time one party is served with the divorce paperwork is presumed to be community property. Our network attorneys have an average customer rating of 4. EXAMPLE: Transfer of property . Kroncke was the administrator of his father’s estate (the “Estate”) and requested the. Beneficiary deeds; recording; definitions. 00 of that community lien. If you were to sell the house while you are still married, the $300k capital gain would fall under the marriage exclusion of up to 500k and be tax-free. If Husband succeded in his fraudulent inducement claim, the nature of the home would have changed from sole property to community property. In that case, a wife’s negligent driving of a community car caused injuries to third persons. When that lien is divided between the spouses, the husband will receive $50,000. The question sometimes arises as to what a court may do when separate property is used to buy community property in Arizona. Getty. com The Arizona Court of Appeals issued a seminal decision regarding the effect of signing a Disclaimer Deed signed in Arizona on a home purchased during an Arizona marriage in the case of Bell-Kilbourne v. Go Twitter Linkedin. Koepnick, 3 P. General Rule of Collecting Community Debts from a Spouse’s Separate Property in Arizona. Dividing a house in a divorce with a signed Disclaimer Deed. Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine. Federal estate tax return – due nine months after the individual’s death, though an automatic six-month extension is available if asked for prior to the conclusion of the nine-month period. The Arizona Court of Appeals in the case of. One of our experienced family law attorneys can assist with the process of drafting a Stipulation and. Foster, the husband filed an appeal of the trial court’s division of guns in an Arizona divorce. Discover all you need to handle paperwork in electronic format on one platform: up-to-date blanks, PDF editor, and eSigning features. court order. S. One exception is when one spouse signs a disclaimer deed as part of a real estate transaction. contract with seller. In an Arizona divorce, a Response can be filed after receiving a petition for divorce. If you are not able to come to our office and need a copy of a document that you researched on our web site, you may mail your request to: Pima County Recorder. 1. A Conclusion of Value can be presented in either a Detailed or. In Arizona, community property implies equal ownership, so in most cases, it is fair to divide jointly held property equally. But there’s one part of Arizona law that, in my experience, is very unfair. The court awarded assets totaling $184,843 to wife and $215,211 to the husband. Legal Advice;. Disclaimer Of Property. Understanding the impact of how moving during a divorce can affect the resulting proceedings is essential for deciding how you should proceed. Arizona is a community property state. Often, the largest current most folks have when they get divorced are your house both retirement. We track deadlines and ensure all court rules are followed. has over 26 years of Arizona family law experience and received awards from US News and World Report, Phoenix Magazine, Arizona Foothills Magazine and. Step 3: Closing On Your New Home. Find out details about last wills, how to get started making your own will. A quitclaim deed is a fast way to transfer ownership of property, but there are specific occasions where a quitclaim deed is warranted because it…. Arizona is one of nine community property states in the U. A divorce can be complicated. Murin took title to the whole property in the divorce. At the time of Braxton’s death, his half of the property automatically transferred to Ashley. Find out how a trustee deed is used to transfer ownership of real property in a foreclosure sale. Use this do-it-yourself Word 2007 form to prepare a deed to transfer Arizona real estate from a married person who own the property as separate property to. Conclusion. A court will want to know if she was represented by counsel and how much. Estate Planning. Pay gift tax. Disclaimer Deed Arizona Form Rating. Bell-Kilbourn, 216 Ariz. However, one spouse may gift the other his interest in community property, making it the separate property of the other. Using the capitalization-of-earnings approach, Wife’s position was that Husband’s goodwill. Learn About Calculating a Community Property Lien on a Depreciating Asset in Arizona from the Experienced Attorneys at Hildebrand Law, PC! In fact, the non-owner spouse’s share of the community lien is only 50%, and so their respective share (through the community lien) of the equity in the property is a good deal less than 50% of the equity in the property. The question becomes is there a defense to such a claim in an Arizona divorce case. A Court Cannot Simply Divide Community Property Based on a Percentage of Each Spouse’s Contributions of Separate Property. Power of Attorney. Attorneys with you, every step of the way. Deed basics. This situation usually arises when the couple purchases a home, and one spouse has much better credit than the other. Upon divorce, the courts will equally divide our property. Thus, the your is the other spouse’s separate. Becchelli, 109 Ariz. Connecticut Real Estate. The Scottsdale family law attorneys at Hildebrand Law, PC wants to supply you with information regarding the restrictions on selling a home during an Arizona divorce.