Arizona law likes to taunt people that are not currently interested in a divorce. Whether your single, recently married or are currently in a happy marriage, Arizona doesn’t care; you have to stay in tune with divorce laws even, if you think it doesn’t matter. And here’s why: Diclaimer Deed.
Many spouses don’t know about Disclaimer Deeds, and in fact, most spouses that have signed a Disclaimer Deed, don’t know it. Diclaimer Deeds are sometimes signed when the house is refinanced and the financing is in only one spouse’s name. Sometimes, lenders require a Disclaimer Deed. But why does it matter?
Well, when a spouse signs a Disclaimer Deed, it has the same legal effect as signing away all your rights in a pre-nuptial agreement. Yikes!
So, when you sign a Disclaimer Deed (and again, so many spouses sign them and don’t realize what they are doing), you are signing away all your interest in the equity or ownership of your home and the Disclaimer Deed is VERY enforceable in a divorce. So, while you didn’t consider entering into a pre-nuptial agreement with your spouse, you just signed a document that does just that. Surprise!
Arizona law limits the ability to fight a Disclaimer Deed and the simple argument that you didn’t know what you are signing, isn’t a good argument. So, even if you’re not interested in a divorce, it’s the little things like a Disclaimer Deed and will impact you when that divorce monster comes calling.
If you want to know more about divorce laws and how they might implicate your life, just emails Paul D. Nordini at paul@paulnordini.com
Free articles can be found at these websites:
For Arizona residents: www.arizonadivorcepros.com
For Illinois residents: www.divorceinfosite.com
Gorilla Divorce Blog 