I was divorced in March of 2011, in the divorce decree I was to sign my rights to the house away.

Q: I forgot to sign the quit claim deed for the home and received a judgment against me for credit card debt. My ex wants to refinance the house but since I am still on it he can’t due to the judgment against me. What are my options to get me off the house?

A: I agree that you should sign and record a quitclaim deed. However, you might also want to contact your former spouse and see if there are any documents required by the lender. This could lessen the risk that your spouse will come after you for violating the divorce decree.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Published By:

Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

Answered by .
Re-posted from AVVO Legal Questions & Answers.

A lawyer drew up a Quit Claim deed using ARS 11-1134(A)(5), but the divorce papers don’t specify this?

Q: The divorce papers say I have to sell the house within 3 years of the divorce. The house is severely under water. My ex-wife wants her name totally off the house, she wants nothing to do with it. I re-financed and got her name off the mortgage, now we want to file a Quit Claim deed to get her off the title. A Lawyer drew up the deed and used, as an exception : ARS 11-1134 (A)(5)…5. A conveyance of real property that is executed pursuant to a court order. Is this exception OK?

A: Whether the exception is OK depends on what the court order says. If the court order can be interpreted to require the quitclaim deed, then the exception should be OK. You might want to ask the lawyer to give you a quick statement in writing stating that the exception is OK.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Published By:

Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

Answered by
Re-posted from AVVO Legal Questions & Answers.