The Scottsdale family law attorneys at Hildebrant Law, PC want until provide him with information regarding the restrictions on selling ampere home during an Arizona split. Finding and Closing Upon the House you Want to Buy. But there’s one part of Arizona law that, in my experience, is very unfair. Learn how to transfer the interest in your house after a divorce, or in many other situations. A quitclaim deed is used to transfer a property owner’s interest in the property to another person without any warranties or guarantees as to the condition of the property. It was bought with community property income (income earned during the marriage) A family home, which the deed states is owned by you and your spouse as. During a dissolution of marriage case, the trial court must divide the community property between the spouses equitably. Get the right guidance with an attorney by your side. 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. Armer, 463 P. Signing a disclaimer deed on a house purchased during the marriage can have dire, unintended consequences in an Arizona divorce. S. 8 out of 5 stars. It also states, "the undersigned does hereby disclaim, remise, release and quitclaim unto the spouse and to the heirs and assigns of said spouse forever, all right, title, interest, claim and demand which the. Using Community Funds to Pay a Mortgage on a Spouse's Sole and Separate House From the Experienced Arizona Community Property Lawyers at Hildebrand Law, PC. An Arizona notary must meet several basic requirements which are listed in Arizona Revised Statute (A. Mrs. In Arizona, each spouse is a co-owner of all property earned by the other spouse during marriage. This can only be rebutted by clear and convincing evidence to the contrary. Although the Superior Court has a facility in each Arizona county, a court case to end a marriage must be started in the county where Questions & Answers A. The question sometimes arises as to what a court may do when separate property is used to buy community property in Arizona. 2010),. See all personal services. Many professionals, such as lawyers, mortgagors, and private detectives, regularly subscribe to these databases. Send the Quit Claim Deed to your ex-spouse to sign. Table of Contents. Poulos Law Firm. Consequences from Disclaimer Deeds. Separate property in Arizona is classified as any property owned by a spouse before marriage or any property owned by a spouse after a divorce decree has been finalized. Improving Separate Property and Transumtation Rules. Upon divorce, the courts becomes equally divide collaboration property. Superior Courts Have Authority to Divide Community Property Equitably. The Arizona Court out Appeals issued a. The wife requested a trial to present. A conveyance recorded to satisfy a . The court, coincidentally, also ordered the husband to. 2d 965, the Arizona court reviewed a similar case. Disclaimer Deeds and Divorce - Ellsworth Family Law on Consequences of Disclaimer Deeds or Quitclaim Deeds in Arizona Divorces; Archives. Tatum Blvd. Contact Us; 480. They are usually cloaked in a refinance or purchase to aid the credit process. 933 (1931). Kingberry’s name was on the mortgage, however, but only because the lender insisted on it. The law regarding disclaimer deeds in Arizona has since evolved a bit due to new case law recently decided by the Arizona Court of Appeals. Call us today at (480) 219-2433 and we. The husband often used his separate funds to buy sheep and improve on the land. Your divorce documents are prepared from start to finish. Face Twitter Linkedin. In order to transfer ownership of the marital home pursuant to a divorce, one spouse is going to need to sign a quitclaim deed, interspousal transfer deed, or a grant deed, in order to convey the title to the property. The Arizona Trial of Appeals issued a seminal decision regarding one outcome a signatures a Disclaimer Deed signed include Arizona on adenine home purchased during an In marriage. A quitclaim deed with no money changing hands, or to . During the divorce and after the divorce. , Suite 101. creditor lien on joint tenancy property in an arizona divorce; increase in value of a separate property business stock in an arizona divorce; statements regarding property are binding in an arizona divorce; debts not included in a divorce decree in arizona; fraudulent quit claim deed is ineffective in an arizona divorce Arizona is a community property state. 2d 818 (1970), the Arizona Supreme Court considered several quitclaim deeds a spouse signed. Phoenix, Arizona 85016. Estate Planning. 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. 4) Selling your house after divorce may be more difficult due to a lack of cooperation from a spouse due to hurt feelings stemming from the divorce litigation. 1 Comment / Divorce, Domestic Relations, Posts / By Ellsworth Family Law. However, the Court of Appeals said, under the Arizona Supreme Court decision in Toth 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. Attorneys with you, every step of the way. If you would like to purchase a home before your divorce is final, contact Bremer Whyte Brown & O’Meara at (949) 221-1000. 2d 214, 116 Ariz. Of most common reason people sign a disclaimer deed is cause the married possess better financial and proficient available moreover favorable mortgage terms. Foster, the husband filed an appeal of the trial court’s division of guns in an Arizona divorce. Tucson (520) 327-4000| Phoenix (602) 253-1515 | Mesa (480) 745-2552 | Toll Free 855-338-8383Lady Bird Deeds. Monahan responds that any defect was cured when Mr. Protect what is rightfully yours. Disclaimer Deeds. 2d 59 (1973); Battiste v. A. Consider Obtaining Pre-Approval of a Home Loan. A disclaimer deed is used to disclaim one spouse’s interest in a separate property real estate asset. 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. Often, the largest assets bulk people having if they get divorced are their house and seniority. In a divorce, the community may be entitled to a community lien of $100,000. We have tried to ensure that the information contained in this electronic search system is accurate. Call 858-793-8884 in Del Mar, Carmel Valley, North County or San Diego. Pause. To conclude, the Lima Arizona Disclaimer Deed is a crucial legal document used in Pima County, Arizona, for individuals or entities to disclaim any interest or claim they may have in a property. In Community Property States. Generally, property a spouse acquired before marriage remains the separate property of that spouse. It is somewhat unsettling at think that signing an very piece of paper, which has become commonplace in many. A. Your home is equally shared between you, fifty-fifty — no matter how it’s titled. 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…. R. Therefore, Katie DeYoung and AZ Paralegal Services do not render tax, legal, accounting, investment, or other professional advice. Name Maricopa County Recorder of Deeds Address 111 South 3rd Avenue Phoenix, Arizona, 85003 Phone 602-506-3535 Fax 602-506-3273 HoursDivorce Proceedings In Arizona, the legal name for a divorce is Dissolution of Marriage. 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. Co-mingling Issues and Tracing Issues in Arizona Divorce Cases. A deed is a legal document that conveys title to real property. In Arizona, real estate you purchase while married is usually community property and divided evenly upon divorce. Call Now (480)305-8300Disclaimer Deeds and Divorce - Ellsworth Family Law on Consequences of Disclaimer Deeds or Quitclaim Deeds in Arizona Divorces; Archives. A divorce can be complicated. However, a. The evidence suggested that they intended to hold their property in accordance with community property law. m. 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. Call us today at (480)305-8300 or reach out to us through. A person who murders his spouse is not entitled to. It is a simple way to transfer property and can be used to: Transfer property to or from a living trust; Transfer property to a spouse in a divorce;It will be your burden to present clear and convincing evidence to set aside the disclaimer deed. 90, 597 P. In Az, property new whilst the marriage is typically community property. One such situation occurs when a spouse signs a Disclaimer Deed to a home. Deane. Summary. This will solve the problem created by the disclaimer deed and will give you more protection in the event of a death or a divorce. The court will apportion the community property interest in retirement accounts between the spouses and will award each spouse his or her separate. Divorce; Name change; Real estate. 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. To many, this is an unfortunate reality of the law and the legal effect of either signing a disclaimer deed, or otherwise. The Long Answer. Under certain circumstances. It found that any damages were a community debt. Bender v. If a disclaimer deed is signed by 1 spouse on house (making it sole and separate property for the other spouse), does that deed still hold truth in death or is that only in the case of a divorce? On the deed, it states, "the undersigned does hereby disclaim, remise, release and quitclaim unto the spouse and to the heirs and assigns of said. Bobrow held a spouse who pays community bills during a divorce in Arizona may assets a claim to have the other spouse pay reimbursement for his or her share of those bills. 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. A Disclaimer Deed can be one person’s best friend and another’s enemy. a share of the equity). e. Click To Call Us (480) 219-2433. A conveyance recorded to satisfy a . The court awarded assets totaling $184,843 to wife and $215,211 to the husband. In the case of Lightning Delivery Co. (See Becchelli v. (520) 433-9631. As a output, that other spouse is asked by the bank to execute a disclaimer deed because they are none included on who mortgage advance. Quitclaim deeds are commonly used in a variety of situations, including: transferring property to one spouse as part of a divorce. In Arizona, both spouses are required to sign a personal guarantee before their community property can be used to satisfy a debt under a personal guarantee. The Arizona Court of Pleas issued a seminal resolution regarding the effect von drawing a Disclaimer Deed signed in Arizona on a main purchased during an. Residential lease; Property deed transfer; See all personal services. However, for an dear signs an Arias disclaimer deed when purchasing ampere your, and signing spouse no longer have an interest stylish the place. A quitclaim deed with no money changing hands, or to . The most common exemption code related to a divorce is A5, which refers to a conveyance recorded to satisfy a court order. Often a “catch-all” provision in the decree. The new sole owner may then refinance or sell the home, independent of the other person’s approval. The Long Answer. USE THIS TOOL TO LISTEN TO AUDIO. Bender, 123 Ariz. This can only be rebutted by clear and convincing evidence to the contrary. 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. This makes no sense as the language is very clear with rgards to ownership. 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. Winters, 298 P. The court awarded some of the guns to the husband as his sole and separate property but divided other firearms as community property. Contain allSigning a disclaimer deed on a house purchased during this marriage ca have dire, unintended results in in Arizona divorce. One exception is when one spouse signs a disclaimer deed as part of a real estate transaction. They are commonly used if a married couple wants to buy a house, but only one spouse qualifies. Live Chat. In Arizona, community property implies equal ownership, so in most cases, it is fair to divide jointly held property equally. In a community property state — let’s say California — your ownership rights are automatic for a house acquired during your marriage. The statutes in Alaska, Arizona, Colorado, Hawaii, Idaho, Minnesota, Montana, New Mexico, North. Dividing a house in a divorce with a signed Disclaimer Deed. 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. Mesa Arizona Quitclaim Deed from Husband and Wife to Husband and Wife Getting a fillable document has never been so easy. This is required only of individual estates that exceed a gross asset and prior taxable gift value of $12. Anderson, 256 P. Quitclaim Deeds Signed During Marriage - San Diego Family Lawyer. Against a divorce in Arizona, the courts are required toward divide community property justly, which for one. Find a legal form in minutes. US Legal Forms ensures you get an up-to-date and professionally checked legal template that totally complies with your demands and state’s regulations. (See Becchelli v. Once you have a US Legal Forms subscription, just log in profile and click the Download button you can find on the for’s page. The Disclaimer of Interest: Names the deceased person. Call (858) 793-8884 - Bickford Blado & Botros is dedicated to helping individuals and families with family issues including Family and Divorce cases. Filing Fees: Response to Petition for Dissolution $274. If her subscribed an Arizona disclaimer deed and are going through an divorce, you NEED to read this article up find out how he affects your rights on your house and what you can go about it. The only exceptions to that rule are property acquired gift, devise, or descent or earned after service of a divorce petition. C. Product deeds in Arizona able having major consequences down aforementioned road during a getting. Quit Claim deeds are a quick and easy solution. Disposition. . Disclaimer Deed and Divorce in Arizona Explained by the Experienced Scottsdale As Divorce Attorneys at Hildebrand Decree, PC. 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. S. File the disclaimer within nine months of the transfer (e. the portion of certain personal injury awards meant to compensate for the injured spouse's pain and suffering, as opposed. 00 as a down payment. ordered by a court. Residential lease; Property deed transfer;. Additional Automobile Clause. If you’re accustomed to claiming a property tax exemption and you’re concerned you might lose it if you add your spouse to your deed, consult a tax professional. 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. Attn: Public Records. Attorneys with you, every step of the way. A person who murders his spouse is not entitled to. Quitclaim deeds are used most often when no money. As part of the process, a court must determine which debts belong to each individual spouse. After the final divorce trial, the court awarded the house to the husband subject to the husband paying the wife 50% of the equity in the home, if any. See all personal services. 9. This community property rule continues in effect during a marriage even after separation, until a dissolution decree is entered. A. In Armer v. This occurs through the Disclaimer of Interest. If you are asked to sign a Disclaimer Deed proceed with caution. Martin $46,688. ARIZONA COMMUNITY PROPERTY LAWS. Offers FREE consultation! Posted on Feb 16, 2018. Consequences Of A Disclaimer Deed In An Arizon Divorce. See full list on hildebrandlaw. Arizona Community Property Disclaimer If finding legal forms online looks like a challenge, use US Legal Forms. Our network attorneys have an average customer rating of 4. Divorce; Name change; Real estate. If Husband succeded in his fraudulent inducement claim, the nature of the home would have changed from sole property to community property. 3d 599 (Ariz. However, any money earned or assets acquired before marriage by a spouse is the separate property of that spouse. Disclaimer Of Property With Divorce. Get the right guidance with an attorney by your side. Message. § 12-1103 - Disclaimer of interest and recovery of costs; request for quit claim deed; disclaimer of interest by state from 2020 Arizona Revised StatutesIt all depends on the type of deed transfer and their estate plans. Before discussing the use of the quitclaim deed in divorce cases, you need to know a few basic terms: Deed. Deed basics. A spouse who signs a disclaimer deed on property that would otherwise be community property, forfeits their interest in that property in an Arizona divorce. An. 3) The recent housing market is an advantage to sellers–you may be able to get a higher price for your home now than you would after the divorce is final. Segregating Separate Property From Community Property Explained By the Experienced Scottsdale Arizona Divorce Attorneys at Hildebrand Law, PC. Some people going though a divorce in Arizona ask questions about divorce and buying a house in Arizona. If tax, legal, accounting, investment, or other similar expert assistance is required, the services of a. 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. A. Beneficiary Designations After Divorce in Arizona From Hildebrand Law, PC. However, when a spouse marking an Arizona disclaimer deed when purchasing ampere houses, the signing spouse don longer owns an fascinate in the house. In Arizona, an increase in the value of separate property during a marriage can be either separate or community property. PT. 92, 39 P. ”. However, the Court of Appeals said, under the Arizona Supreme Court decision in Toth v. In Arizona, community property implies equal ownership, so in most cases, it is fair to divide jointly held property equally. 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. This means that the transfer of property from one party to another was ordered by the court. 90,000 + [60,000/300,000 x 150,000] = 90,000. The Scottsdale family law attorneys at Hildebrand Law, PC want to provide you with information to the restrictions up selling a home during an Arizona divorce. Rental Lease Agreement. All Divorce; Separation Agreements. Disclaimer and quit claim deeds are two other types of deeds, neither of which warrants a good title. Often, the largest assets most our have when they procure divorced are their house and retirement. 33-405. The Court then looked at the record for evidence of the intent of the wife and husband. The Court of Appeals held that a disclaimer deed is a legal document and its legal effect must be followed. My husband will not get out of the house, and I just filed for divorce. If you need further assistance, you should consult with an experienced family law attorney. It reviewed each to determine whether the 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. Probate Attorney in Oro Valley, AZ. This is common practice in Arizona as it is a community property state. Get the right guidance with an attorney by your side. See Bender v. The experienced Arizona divorce attorneys at Hildebrand Law, PC have over 100 years of combined experience calculating the division of pension benefits in a divorce in Arizona. Arizona's divorce and family law statutes, which are contained in Title 25 of the Arizona. As a result, an own willingness not be divided. In that case, the Court ruled it would be “inequitable” to divide the house equally and awarded 85% of the. County makes no warranty or guarantee concerning the accuracy or reliability of the content at this site or at other sites to which we link. All property acquired during marriage until the time one party is served with the divorce paperwork is presumed to be community property. Though the couple was divorced, Lazar’s name remained without change as beneficiary on the IRA. Sep 01, 2023 · 3 min read. Submit the new deed to the city or county land records for recording. With of house being one of the largest. Currently, Courts calculate that using a formula called the Drahos. In Arizona, both spouses are required to sign a personal guarantee before their community property can be used to satisfy a debt under a personal guarantee. These requirements will be reviewed and verified in the application process. Your husband can sign a special warranty deed from him to both of you taking title as community property with right of survivorship. has over 26 years of Arizona family law experience and received awards from US News and World Report, Phoenix Magazine, Arizona Foothills. 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. Before April 2020, if you. Kunz, 79 P. PT and weekends 7 a. 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. Play. 95, 97–98, ¶ 6 (App. Residential lease; Property deed transfer; See all personal services. 8 out of 5 stars. This is going to mitigate some of those hard feelings your spouse may have about your decision to remove money from financial accounts. The simple answer is a quitclaim deed. The Arizona Court of Appeals concluded Husband’s claims that he was fraudulently induced into signing the Disclaimer Deed and community lien claims could have affected title to the home. Even though the other party signed a disclaimer deed, the property may in some instances still be community property or in the alternative the community may have an equitable lien (i. The concept of co-mingling comes up when sole and separate property. If your ex-spouse refuses to sign the quitclaim there are several steps you can take to force them to do it. The court will apportion the community property interest in retirement accounts between the spouses and will award each spouse his or her separate. Arizona is one of nine community property states in the U. (References 1 and 4) The pivotal factor is usually whether the real estate originated as community property, however. 3d 1082 (1999), the appellate court considered a promissory note signed. In an Arizona divorce, a Response can be filed after receiving a petition for divorce. The Court of Appeals found that a properly-executed Disclaimer Deed rebuts the presumption that property acquired during marriage is community and overturns a trial court’s finding that property acquired in Wife’s name during the marriage was community. The Court discussed A. Call us today at (480)305-8300 or complete our new client form to learn how much you or your spouse will receive from a pension in a divorce in Arizona. Message. However, that isn’t always the case. That means that, after the divorce decree was entered, each spouse was the owner of 50% of. Address, Phone Number, Fax Number, and Hours for Maricopa County Recorder of Deeds, a Recorder Of Deeds, at South 3rd Avenue, Phoenix AZ. We also specialize in preparing beneficiary deeds. In the Inboden divorce, the trial court based the division completely on the separate fund contributions of each spouse. Earnings of either spouse during a marriage are community property in Arizona. Arizona has specific laws that affect how last wills work. Check for enhanced life estate deeds in states that allow them. Using the capitalization-of-earnings approach, Wife’s position was that Husband’s goodwill. Stop. Problems can arise. Inches this article, I desires cover the tracking about Arizona disclaimer records: basics of community property versus separate propertyAward of Money: Discussion of A. 2. The Short Answer. do not presume that it is totally immune from the other spouse’s community property claim in the event of a divorce. Choose from 85,000 state-specific document templates available for download in Word and PDF format. Where do I get a divorce? In Arizona, only the Superior Court can grant a divorce. The beneficiary deed offers you a low-cost way to transfer real property here in Arizona, by avoiding the expense and delay of probate. The Arizona Court of Appeals concluded Husband’s claims that he was fraudulently induced into signing the Disclaimer Deed and community lien claims could have affected title to the home. This represented her share of the community income earned during their three years of separation. A disclaimer deed can be used to title property as separate property in Arizona. The Arizona Court of Appeals displayed ampere seminal. The evidence suggested that they intended to hold their property in accordance with community property law. All deeds are not created equal. Just because there is a Disclaimer Deed, it doesn’t mean that one spouse gets to keep 100% of the house. v. When contributions of community funds or labor are used to benefit a spouse’s sole and separate property the community is entitled to a community lien “reflecting its contribution to. Arizona is a community property state. 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. A Claim of Waste in an Arizona Divorce for the Loss of Equity in a Home From Hildebrand Law, PC. The husband often used his separate funds to buy sheep and improve on the land. The division of marital assets is handled during this. The simple answer is, yes, there. 8 out of 5 stars. 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. Earnings of either spouse during a marriage are community property in Arizona. Surprise Arizona Quitclaim Deed from Husband and Wife to Either the Husband or the Wife A professionally-drafted document by US Legal Forms will allow you to save time and costs, and frustration. There are state-specific regulations for people looking to get divorced in Arizona. Our office cannot commission someone who does not meet these standards. settling an ambiguity about inherited property. Call Joan Bundy Law at 480. In contrast to the standard life estate, the enhanced form, known as a lady bird deed, lets the life tenant mortgage or sell the property, change the beneficiary, or revoke the deed. Please look for my blog next week discussing these issues further. A disclaimer deed is a deed in which a spouse disclaims any interest in the real property acquired by the other spouse. R. In Arizona, the property is categorized as either separate or community. 8 out of 5 stars. In Arizona, property procured during to marriage a typically our property. 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. Declares the intent to disclaim the. Dividing property can be contentious. Under Arizona Law, provided a divorce action has been properly filed and legal service of divorce papers can be documented, no disclaimer deed is required and the individual is free to acquire a. Avvo Rating: 6. Koepnick, 3 P. Description Disclaimer Deed. Signing a disclaimer deed on a house purchased during the marriage can have dire, unintended consequences in an Arizona divorce. Search for state-specific templates available for you to download and print. After Decedent’s death in 2012, Kroncke requested the IRA proceeds from Schwab. has over 26 years of Arizona family law experience and received awards from US News and World Report, Phoenix Magazine, Arizona Foothills Magazine and. If you would like to work with one of our experienced Attorneys, please call OWENS & PERKINS at 480. The court awarded assets totaling $184,843 to wife and $215,211 to the husband. While a disclaimer deed can title an asset as separate property, it doesn’t overrule commingling through community. State laws require that you wait 60 days from the date of service before you can proceed with a divorce. 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. 00 of that community lien and the wife will receive $50,000. A: A quit claim deed will work but it is better to sign a disclaimer deed and sign and file a "Rule 69 Agreement" with the Court, stating that the spouse who is relinquishing ownership will have no liability whatsoever regarding the loan. In Vance-Koepnick v. By statute the divorce court is required to divide all community property equitably. Divorce; Name change; Real estate. The type of title depends upon the language in the deed. However, there are contrary arguments that can be. Divorce is a stressful and complicated process which becomes more so when there is a home involved that has to either be sold or refinanced.