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Arizona Real Estate Law
by Christopher A. Combs
The following is for informational purposes only and is not intended as definitive legal or tax advice. You should not act upon this information without seeking independent legal counsel. If you desire legal, tax or other professional advice, please contact your attorney, tax advisor or other professional consultant.


Disclaimer Deed Needed from Spouse

Question: My husband and I have been married for over 40 years. We have not lived together for five years, however, and I recently purchased with my own funds a home in Sun City West. If I die, I want my son to own the home, not my husband. My husband says now that he does not want anything to do with my Sun City West home, and he will sign anything. What does my husband need to sign?

Answer: Your husband should sign a disclaimer deed. A disclaimer deed is similar to a quit claim deed in that a spouse disclaims any interest in the real property acquired by the other spouse. After this disclaimer deed is recorded, I would suggest that you execute and record a beneficiary deed to your son. After you die your son will become the owner of the home.


Phoenix attorney Christopher A. Combs is a partner with the firm of Combs Law Group, P.C. Reprinted with permission.
Copyright 2004, all rights reserved.


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