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Arizona Homestead Declaration following Decree of Legal Separation or Divorce

Category:
Real Estate - Homesteads
State:
Multi-State
Control #:
US-02099BG
Format:
Word; 
Rich Text
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Description

Ordinarily, the declaration must show that the claimant is the head of a family. In general, the claimant's right to select a homestead and to exempt it from forced sale must appear on the face of the declaration, and its omission cannot be supplied by extraneous evidence. Under some statutes, a declaration of homestead may be made by the owner or by his or her spouse.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Homestead Declaration Following Decree Of Legal Separation Or Divorce?

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FAQ

In Arizona, spouses can remain legally separated for as long as they wish until the time of either spouse's death. In the event that one spouse dies while the spouses are legally separated, the marital relationship ends without the surviving spouse going to family court, and no further legal process is necessary.

You would need to notify the Court in that petition that a Decree of Legal Separation was previously issued and that you now wish to dissolve the marriage. That petition for divorce can be filed at any time after a Decree of Legal Separation has been issued by the court.

Even though Arizona does not require a separation period before a couple can divorce, the state still has a waiting period. A couple must wait at least 60 days after filing the divorce petition before the court can finalize the divorce by issuing a divorce decree.

Claiming a Homestead Exemption The Arizona homestead exemption is automatic, meaning that no written claim is required. If a person desires to waive the exemption, the person must record the waiver in the office of the county recorder.

Arizona's homestead exemption laws protect up to $150,000 of a person's equity in the person's dwelling from attachment, execution or forced sale. A person, or married couple, may only claim one homestead exemption and must reside in the dwelling for which the exemption is claimed.

You Can't Remarry if You Are Legally Separated Another disadvantage of a legal separation is that it doesn't end your marriage. You can't remarry if you are legally separated. Therefore, you and your spouse must remain married on paper, even if you live apart and consider yourselves divorced.

Separation is when you and your ex?you can either be married or common?law?decide to live apart. If you're married, being separated doesn't mean your marriage has ended. A divorce is when a court officially ends your marriage.

The result of legal separation in Arizona is essentially the same as divorce, but for one very important thing ? the parties cannot marry other people because they are still married to each other. And as with a divorce, sometimes it can get complicated and that's where a legal separation attorney can help.

If you and your spouse are living in two different residences, you are separated. A legal separation occurs when the court formally declares you are separated. Not all states offer legal separation as an option, so it is important to determine your state's laws.

A homestead means a dwelling in which a person resides. The dwelling may be a house, condominium, or mobile home. A person's homestead is exempt from attachment, execution and forced sale by creditors, up to $400,000.

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