A disclaimer deed is a deed in which a spouse disclaims any interest in the real property acquired by the other spouse. 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.
Arizona Disclaimer Deed
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Our fee is only $199 for the Quit Claim deed, for any county in Arizona- professionally prepared and guaranteed. There is a $51 filing fee, in addition to our fee.
A big factor here will be whether your name is on the mortgage or lease. Your spouse can't legally kick you out of your home if you are included in either of these legal agreements. While it may be an uncomfortable living situation, you have just as much right to the home as your spouse does in these circumstances.
In Arizona, we presume that a gift to the community occurs when one spouse conveys his or her separate property interest to both spouses (making the spouses co-owners). This is a legal presumption and it can be rebutted, but only with clear and convincing evidence.
A quit claim deed transfers your property interest to another person or legal entity. When you sign a quit claim deed, you do not make any guarantees or promises about whether someone else also has a legal interest in the property. You are merely signing over your legal interest, if any, in the property.
In a quitclaim deed, the rights of one party pass to another party, called the grantor and grantee, respectively. As a spouse, you give up your interest in the property when you sign a quitclaim deed. This means that you no longer have a legal right to it.
The disclaimer deed is a legal document that has legal consequences. Further, the disclaimer deed will clearly state that the spouse signing it is waiving (disclaiming) any interest in the house being purchased.
Specifically, Arizona Revised Statute Section 25-211 provides that ?all property acquired by either husband or wife during the marriage is the community property of the husband and wife.? The only exceptions to that rule are property acquired gift, devise, or descent or earned after service of a divorce petition.
