Community Property Disclaimer - Arizona: This form is used by a Grantor of a parcel of land, when he/she gives and/or sells his/her interest in said property. The disclaimer further states that the Grantor will no longer claim any rights in the property sold to the Grantee. It is available for download in both Word and Rich Text formats.
Mesa Arizona Community Property Disclaimer
Category:
State:
Arizona
City:
Mesa
Control #:
AZ-REAL-20
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Arizona Community Property Disclaimer?
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FAQ
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.
Quitclaim Deed in Arizona Quitclaim deeds are not often used when the sale of the property is involved for obvious reasons. Quitclaim deeds are much more common when there is a transfer of property from one family member to another or after a divorce.
Arizona is a community property state, which means that all property acquired by either spouse during the marriage is considered to be jointly owned. Upon a divorce, it will be divided approximately equally.
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.
If you're the one signing a Disclaimer Deed to real property here's the deal: You affirmatively state that you have NO interest in the real property and NEVER had an interest in the real property.
Selling Marital Property This means neither spouse can sell a marital asset during a divorce unless he or she has permission from the court. Most divorcing couples want to know who gets the marital home during a divorce.
The quitclaim deed would transfer title from the community or joint property to separate property. A quitclaim deed is legally binding. The transferring spouse eliminates his rights to the property after signing it.
The only way to defeat the legal presumption that a conveyance is a gift to the community is to convince the court, by a burden of clear and convincing evidence, that no gift to the community was ever intended.
All community property states allow couples to formally opt out of the community property system through a written premarital agreement.
What is not considered community property in Arizona? Property acquired prior to marriage or by gift or inheritance during a marriage is not community property in Arizona.