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

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Re-posted from AVVO Legal Questions & Answers.

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