Disclaimer deed and divorce in arizona. During a dissolution of marriage case, the trial court must divide the community property between the spouses equitably. Disclaimer deed and divorce in arizona

 
 During a dissolution of marriage case, the trial court must divide the community property between the spouses equitablyDisclaimer deed and divorce in arizona  A divorce decree in Arizona is intended to divide all community property between the spouses

Call us today at (480) 219-2433 and we. Appraisal Standard in Valuing Goodwill of an Attorney. The Arizona Court of Appeals in another appeal in the case of Barron v. See all personal services. 3d 111 (Ariz. Unlike some community property states, Arizona does. forego rights). Call (858) 793-8884 - Bickford Blado & Botros is dedicated to helping individuals and families with family issues including Family and Divorce cases. Arizona is a community property state. Problems can arise. Non-Disclosure Agreement. Under Arizona law, all property (both real and personal) that this acquired by either the husband or the wife during the marriage is community property, except for property that is (i) acquired by gift (even from the other spouse), devise (through a will or trust) or descent (through the probate of a person who died without a will). 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. 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. 12 for couples) in 2022. Arizona courts have determined disclaimer deeds are valid and enforceable agreements between the parties that one spouse shall hold that property as his or her sole and separate property. has over 26 years of Arizona family law experience and received awards from US News and World Report, Phoenix Magazine, Arizona Foothills Magazine and. e. We use cookies to improve security, personalize the user experience, enhance our marketing activities (including cooperating with our marketing partners) and for. § 25-318(A) The Supreme Court first reviewed the Arizona statute that controls the disposition of property in a dissolution of marriage case, A. 8 out of 5 stars. 92, 39 P. Tucson (520) 327-4000| Phoenix (602) 253-1515 | Mesa (480) 745-2552 | Toll Free 855-338-8383Lady Bird Deeds. Call us today at (480)305-8300 or reach out to us through. Often, the largest current most folks have when they get divorced are your house both retirement. 635. In a community property state — let’s say California — your ownership rights are automatic for a house acquired during your marriage. In Community Property States. Our network attorneys have an average customer rating of 4. e. EXAMPLE: Transfer of property . CALCULATING A COMMUNITY LIEN ON AN APPRECIATING ASSET IN AN ARIZONA DIVORCE. 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. Kingberry’s name was on the mortgage, however, but only because the lender insisted on it. 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. The lender may have the spouse who doesn’t qualify sign a disclaimer deed to indicate who bears full responsibility for the property. 3. 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. 8700. These are the best and worst candidates for 2024. Call Us: (480) 219-2433. But like life, in divorce answers are rarely that simple. 8824 to schedule your free 30-minute consultation. Skip toward content. Real answers from licensed attorneys. A5. Phoenix Arizona Quitclaim Deed from Husband and Wife to Husband and Wife Save your time searching for the best sample and make use of the US Legal online catalogue. A court will want to know if she was represented by counsel and how much she understood about what she was doing. The Rule on Omitted Assets in an Arizona Divorce Decree. The historic indexing will be released periodically as we get the indexing completed. Minority Discount Buisness Appraisal When Valuing a Company in an Arizona Divorce From Hildebrand Law, PC. 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. This refers to the transfer of real property as a gift. In Barron, Husband requested an equalization payment from Wife. In the case of real property, acknowledge the disclaimer as is required for a deed and record it in the county where the property is located (ARS 14-10015). Monahan responds that any defect was cured when Mr. For the spouse signing a disclaimer deed, beware. ordered by a court. Fortunately, Arizona law is pretty clear that most property acquired during the marriage is split equally. Grants and devises to two or more persons; estates in common; community property with right of survivorship; joint tenants with right of survivorshipA deed that conveys an interest in your real estate ownership (“adds someone on”) has the legal effect of giving that additional person the same bundle of rights to which you are entitled. Deane, 211 Ariz. 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. as described in Arizona Revised Statutes, section 12-1103, subsection B or otherwise executed for no monetary consideration. Dividing property can be contentious. So the community lien on the property is $90,000. 994. In contrasty, aforementioned houses are require to award the separate property to the domestic who owns it; meaning separate property is not divided between the partners. 8700. m. But there’s one part of Arizona law that, in my experience, is very unfair. 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. In Arizona, community property implies equal ownership, so in most cases, it is fair to divide jointly held property equally. Mrs. 229, 508 P. Katie DeYoung, AZCLDP# 81226. Contact us today to schedule an appointment. The Scottsdale, Arizona Family Law Attorneys at Hildebrand Law, PC Discuss 3 Ways to Protect Your Personal Injury Award or Settlement During Divorce. Many times during a dissolution of marriage, the need arises to evaluate a business so the court can determine the community interest in making an equitable distribution of the community assets and debs. The Short Answer. However, if the spouse’s efforts during. Satisfied(313) What Is A Disclaimer Form Form popularity. Click To Call Us (480) 219-2433. Monahan responds that any defect was cured when Mr. 1979) Suggests that fraud is grounds for reclassifying as community property real property held as sole and separate pursuant to disclaimer deed. 78. Submit the new deed to the city or county land records for recording. When a marriage ends in Arizona, both the community assets and the community debts are divided between the spouses. 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. Call us today at (480)305-8300 or reach out to us through. S. Martin $46,688. The quitclaim deed leaves one party as the sole title holder. Find a legal form in minutes. In Arizona, each spouse is a co-owner of all property earned by the other spouse during marriage. Arizona Real Estate. Message. 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. Van Loan 569 P. 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. A judge will divide a divorcing couple's property and debts, unless the couple is able to reach a settlement agreement. A person who murders his spouse is not entitled to. changing the way owners hold title to the property. Disclaimer deeds make it look like you were trying to cheat your spouse out of the house. Tucson’s best deeds. Next, the Court considered whether a pending divorce between the co-owners enlarges the right of one co-owner to force a sale. There are at least twenty-three (23) states that have revocation of nonprobate assets upon divorce statutes. Print. 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. property that the spouses have agreed (in writing) is separate, usually through a legally valid prenuptial or postnuptial agreement, and. Sep 01, 2023 · 3 min read. 90, 93 (App. The evidence at trial established that the parties were married on February 15, 2000. Often, the largest assets most people have wenn they get divorced are their house and retirement. Last Will and Testament. Disclaimer Deeds. However, when a spouse signs an Arizona disclaimer deed for purchasing a house, the signing spouse cannot longer owns an interest in the residence. The second question after the inevitable call occurring in is whether the state has a revocation of nonprobate assets upon death statute. In Arizona, real estate you purchase while married is usually community property and divided evenly upon divorce. It is somewhat unsettling to think which signing a little piece of paper, which possesses become commonplace inside many. Apply for Loan Assumption. The most important thing to accomplish prior to or at the beginning of a divorce is to have both. Div. Residential lease; Property deed transfer;. "Half" relatives inherit as if they were "whole. The four premises of value Arizona court’s may apply to a business appraisal in a divorce case are the “going concern premise,” “value of the assets premise,” “value of the sale of the assets premise,” “value of the assets in an expedited liquidation premise. Tucson Arizona Community Property Disclaimer Getting a fillable document has never been so easy. Call us today at (480)305-8300 or reach out to us through. The Scottsdale family law attorneys at Hildebrand Law, PC wanted to provide you with intelligence re the restrictions on selling a home throughout an Arizona divorce. The Arizona Court of Court issued a semantiker. In Arizona, the property is categorized as either separate or community. In Arizona, a disclaimer deed rebuts the community property presumption. Avvo Rating: 6. to 7 p. Our team reviews each document in the extensive library to ensure you have access to the most up-to-date and relevant printable templates on our website. a share of the equity). In the Hutki case, the husband and the wife reached a rule 69 settlement agreement in their divorce case. The Arizona Supreme Court agreed with the trial court’s decision that the interest in the ranch was husband’s separate property. 2d 993 (Ct. The Hill reports that. Go Twitter Linkedin. But during the month they were married, the husband bought a new home and paid $200,000. has over 26 years of Arizona family law experience and received awards from US News and World Report, Phoenix Magazine, Arizona Foothills. See all personal services. Yes, you can overcome the disclaimer deed. 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. The Arizona Court of Appeals in the Bell-Kilbourne v. S. Find printable and fillable templates for any situation on. Steps for this Process: Ask your attorney to draft a Quit Claim Deed. 90,000 + [60,000/300,000 x 150,000] = 90,000. a share of the equity). Records of deeds, disclaimer to the value of the same manner to transfer. The evidence suggested that they intended to hold their property in accordance with community property law. Often, the largest assets most people have when they retrieve divorced are my house and retirement. Table of Contents. Get the right guidance with an attorney by your side. Earnings of either spouse during a marriage are community property in Arizona. 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. A Disclaimer Deed can be one person’s best friend and another’s enemy. During a dissolution of marriage case, the trial court must divide the community property between the spouses equitably. Consequences from Disclaimer Deeds. And in California, that. It is somewhat unsettling at think that signing an very piece of paper, which has become commonplace in many. Divorce. In an Arizona divorce, a Response can be filed after receiving a petition for divorce. If you would like to purchase a home before your divorce is final, contact Bremer Whyte Brown & O’Meara at (949) 221-1000. For example, a warranty deed conveys good and clear title. A mortgage lender may also require one spouse to sign a disclaimer deed if only the other spouse qualifies for a loan. do not presume that it is totally immune from the other spouse’s community property claim in the event of a divorce. Rental Lease Agreement. Before April 2020, if you purchased a house during a marriage and one of the spouses signed a disclaimer. Often a “catch-all” provision in the decree. An alternative is transferring the property to your. Minority Discount Buisness Appraisal When Valuing a Company in an Arizona Divorce From Hildebrand Law, PC. 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. If it was refinanced in your husband's name alone, the lending company almost certainly would have required you to sign a Disclaimer Deed. That. The type of title depends upon the language in the deed. 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. If you die first, after a long marriage, and your spouse sells that $100,000 house for $750,000, their capital gains totaled $650,000, and they must pay capital gains tax on $400,000. Before April 2020, if you purchased a house during a marriage and one of the spouses signed a disclaimer deed, the house would lose its characterization of being community property and immediately become. (520) 433-9631. Disposition. 2Divorce; Name change; Real estate. m. 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. 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. 623-321-1525 (fax) In Arizona, any assets purchased during the marriage are presumed to be community property. In Arizona, a spouse signing over property by quitclaim generally gives up all interest in it. The Arizona Court of Appeals reversed the trial court. In the decree of dissolution, the trial court divided the parties’ community property. It reviewed each to determine whether the spouse intended to relinquish her. Find out how a trustee deed is used to transfer ownership of real property in a foreclosure sale. Pending Supreme Court review, this is controlling law. As adenine result, to other spouse be asked by the bank till execute a disclaimer deed since i are not included on the. If I understand your situation correctly, you disclaimed your entire ownership in the house and gave your interest to your husband. Please make sure to include the following: The docket and page number or the sequence number. If it was refinanced in your husband's name alone, the lending company almost certainly would have required you to sign a Disclaimer Deed. However, one spouse may gift the other his interest in community property, making it the separate property of the other. In short, the. Anderson, 256 P. Kingberry’s name was on the mortgage, however, but only because the lender insisted on it. In Van Loan v. LLC Operating Agreement. Send the Quit Claim Deed to your ex-spouse to sign. Proving Separate Property in an AZ Divorce | Hildebrand Law, PC. Living Will. This is going to mitigate some of those hard feelings your spouse may have about your decision to remove money from financial accounts. Obtain Consent of Both Spouses to Buying a House During a Divorce in Arizona. Barron addressed those issues. Divorce; Name change; Real estate. The beneficiary deed offers you a low-cost way to transfer real property here in Arizona, by avoiding the expense and delay of probate. Oct 11, 2023 · 2 min read. Legislative proposals and legal papers are regularly updated — that's why the US Legal Forms team keeps track of recent changes. It is not an offer to represent you, nor is it intended to create an attorney-client relationship. com 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 Arizona marriage in the case of Bell-Kilbourne v. Select your State. Power of Attorney. Though the couple was divorced, Lazar’s name remained without change as beneficiary on the IRA. File the signed Quit Claim Deed with the county recorder. Images of historic records may be viewed during business hours at the Recorder’s office locations, 240 N Stone Avenue or 6920 East Broadway Blvd, Suite D, Tucson. Property owned by one spouse before marriage is separate property. Often, the largest assets most people have wenn they get divorced are their house and retirement. The Scottsdale family law attorneys at Hildebrand Statute, PC want to provide you with information relating the restrictions on sell ampere home whilst an Arizona divorce. This is common practice in Arizona as it is a community property state. Lern How Exclusion Notarial Or Quit Make Kaufvertrag Impact Divorce. Attorneys, doctors, dentists, mental health. The same is true when the separate property is purchased during the marriage, but the other spouse signs a Disclaimer Deed. They are commonly used if a married couple wants to buy a house, but only one spouse qualifies. P. For a person not named on the deed of the timeshare, who does not wish to inherit the interest, a legal mechanism exists by which the person can reject this or any inheritance. A Claim of Waste in an Arizona Divorce for the Loss of Equity in a Home From Hildebrand Law, PC. Ct. A quitclaim deed in California is a legal document used to transfer the grantor’s (the person transferring the property) interest in a piece of property to the grantee (the recipient), without any warranties or guarantees of the title’s quality. The parties owned a house, as well as a parcel of land. Find out how a trustee deed is used to transfer ownership of real property in a foreclosure sale. Disclaimer Deeds. Signing a disclaimer deed on a house purchased during the marriage can have dire, unintended consequences in an Arizona divorce. Deed basics. The court concluded that retirement assets, including pensions, are treated in the same manner as all other community property in Arizona and are, therefore, divided between spouses in a divorce. A5. 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. 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 represented her share of the community income earned during their three years of separation. in a bankruptcy or a divorce case. 9. 00. Because after signing the Disclaimer Deed, community funds were likely used to pay the mortgage and/or make improvements on the home. Divorce; Name change; Real estate. Still, when ampere spouse signs an Arizona disclaimer deed when purchasing a house, the signing spouse cannot longer owns an attract in the house. Currently, Courts calculate that using a formula called the Drahos. Divorce; Name change; Real estate. Arizona law specifies that a trust deed on community property is not valid unless both spouses execute and acknowledge it. However, exemption code A7 could also apply. Decision. If Husband succeded in his fraudulent inducement claim, the nature of the home would have changed from sole property to community property. Winters, 298 P. File the disclaimer within nine months of the transfer (e. 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. 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. Phone: 602-230-9118. Tatum Blvd. This is commonly signed in a marriage when the parties buy or refinance a home and take the loan out in just one spouse’s. Ashley and Braxton, a married couple, purchase a home as joint tenants with right of survivorship for $200,000. Conclusion. The difference between these reports is the level of discovery and data that is included, as well as the methods and approaches used to reach the Conclusion of Value or the Calculated Value. However, when a spouse signs an Arizona disclaimer deed when purchasing adenine house, who signing partner no longer owns on fascinate include the house. Katie DeYoung is a Certified Legal Document Preparer, and is not an Attorney. Poulos Law Firm. Attorneys with you, every step of the way. The court will apportion the community property interest in retirement accounts between the spouses and will award each spouse his or her separate. 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. Therefore, the Court of Appeals sent the case back to the trial court for another evaluation of all relevant factors when dividing the community property purchase with the spouses’ sole and separate property. Getty. Upon disconnect, the courts will equality divide community property. The Arizona Court of Appeals in the case of Hutki v. The quitclaim deed leaves one party as the sole title holder. Call LegalZoom See our FAQs. § 25-318, that allows a judge to order the sale of the property as part of a divorce decree. Against a divorce in Arizona, the courts are required toward divide community property justly, which for one. Find out how a trustee deed is used to transfer ownership of real property in a foreclosure sale. Step 3: Closing On Your New Home. . 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 arizonaContact a Chandler legal separation attorney. settling an ambiguity about inherited property. In Arizona, an increase in the value of separate property during a marriage can be either separate or community property. Before obtain into this, if you haven’t read my article switch Arizona Disclaimer Deeds, and you shouldn read information first. Choose from 85,000 state-specific document templates available for download in Word and PDF format. However, for an dear signs an Arias disclaimer deed when purchasing ampere your, and signing spouse no longer have an interest stylish the place. Have you considered a QuitClaim Deed until. know about when you care to time. If you signed and Arizona disclaimer deed and are going driven a divorce, you NEED to read this article to find out like this affects your rights to your house and what you can do regarding she. Arizona cases have held that it may enforce such disclaimer deed, and thus recognize the property as sole and separate. A disclaimer deed can be used to title property as separate property in Arizona. 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. Probate Attorney in Oro Valley, AZ. g. State laws require that you wait 60 days from the date of service before you can proceed with a divorce. 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. Kunz, 79 P. Sep 01, 2023 · 3 min read. Check for enhanced life estate deeds in states that allow them. A signed disclaimer deed, absent fraud or mistake, conclusively establishes the separate nature of property acquired during marriage. 00, of which each spouse is entitled to one-half. The Arizona Court of Appeals in the case of Hutki v. court order. Our Arizona divorce attorneys have over 100 years of combined experience successfully representing clients in divorce cases in Arizona. 2. If only one spouse signs a personal guarantee, that creditor cannot come after the community property that was acquired during marriage. A quitclaim deed with no money changing hands, or to . In Arizona, property procured during to marriage a typically our property. Disclaimer deeds make it look like you were trying to cheat your spouse out of the house. Koepnick, 3 P. The simple answer is, yes, there. Residential lease; Property deed transfer;. Browsing for the appropriate legal paperwork to meet your state law regulations has never been so simple. In a divorce, the separate property belongs to the spouse holding title, while community property belongs to both spouses. 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. The rules and definitions are set forth at Section 33-431 of the Arizona Revised Statutes. , the death of the creator of the interest) with the probate court (ARS 14-10012). Disclaimer This office is a filing agency, and we cannot provide legal. 00 of that community lien. Thus, of our becomes the other. A disclaimer deed is a legal document that relinquishes or gives up one spouse’s interest in real estate acquired during the marriage. The court may also order a party to pay. Pick your state from the list, explore the available samples, and select one in clicks. (References 1 and 4) The pivotal factor is usually whether the real estate originated as community property, however. The Long Answer. The husband moved to amend the judgment and filed a request for a new trial and subsequently filed an appeal to the Arizona C ourt of Appeals. Residential lease; Property deed transfer; See all personal services. Since the community expired when the wife died, it was not possible to hold the husband liable. City-Data Forum > U. 2d 712 (1953), the Arizona Supreme Court considered the question of whether Arizona courts would enforce an agreement made by an unmarried, cohabiting couple to pool their earnings and share equally in all assets gained during their time together. Face Twitter Linkedin. That means that all money earned by either spouse during the marriage belongs equally to both. 272 (1977), the Arizona Supreme Court considered whether a military pension is a property right or an expectation for divorce purposes if the military spouse has not – at the time of the divorce – completed the. Yes, you can overcome the disclaimer deed. Murin cites the Arizona Supreme Court opinion in Rundle v. In a proceeding for dissolution of the marriage, or for legal separation, or in a proceeding for disposition of property following dissolution of the marriage by a court which previously lacked personal jurisdiction over the absent spouse or previously lacked jurisdiction to dispose of the property, the court shall assign each spouse’s. Arizona courts have long agreed. In Saba, Husband argued that a higher level of proof applies to disclaimer deeds signed during a marriage, and equated those deeds to post-nuptial agreements and trusts (see Harber and Austin cases). 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. And again, there is the equitable lien issue as outlined above. Chandler Arizona Quitclaim Deed from Husband and Wife to Husband and Wife Benefit from our comprehensive internet template collection to make sure you always can get actual templates that are completely ready for downloading, preparing, and signing. Any community property that is not mentioned in a divorce decree is transformed into property held as tenants in common. In a divorce, the community may be entitled to a community lien of $100,000. , Suite 101. Federal estate tax return – due nine months after the individual’s death, though an automatic six-month extension is available if asked for prior to the conclusion of the nine-month period. Aforementioned Arizona Court of Addresses issued a. It is somewhat unsettling to think that signing a little piece of paper, which has become commonplace in many. Our network attorneys have an average customer rating of 4. That seems pretty fair. About What is a Disclaimer Deed? A Disclaimer Deed can be one person’s best friend and another’s enemy. The most common exemption code related to a divorce is A5, which refers to a conveyance recorded to satisfy a court order. Declares the intent to disclaim the. Proving Separate Property in an AZ Divorce | Hildebrand Law, PC. quiet title. 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. Often, the largest assets most people have when they get divorced are their house and retirement. In that case, a wife’s negligent driving of a community car caused injuries to third persons. (See Becchelli v. Struggling with using the disclaimer divorce case is presumed to litigate the house as an increase in. INCREASE FONT SIZE. ” They claim that Mrs.