Legal Question in Family Law in Arizona

My husband and I are separated. He wants me to sign a quit claim deed and offer me $10,000. But, we have a will. Does the will override the deed, so if he passes I still get the house?

Asked on 3/02/16, 9:32 am

3 Answers from Attorneys

Joan Bundy Joan Bundy Law

I would be very careful about signing over your interest in any real estate or anything else while your marriage is on the rocks. I don't know whether there is a legal separation or just a physical separation, but regardless, you want to protect your 50 percent interest in any community property, which would include a house or other real property. However, you have the right to sign over your interest in it via quit-claim, disclaimer or other deed instrument. But I wouldn't do so without first getting the house's value appraised and getting advice from a family law attorney. Also, anyone can will anything they own, and if he has a will (you should have separate wills) that says you get the house if he dies, that will certainly be upheld separate from any inter vivos transfer (during the owner's life). I hope that helps. Best of luck!

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Answered on 3/02/16, 9:40 am
Debra Palomino PALOMINO LAW FIRM, P.C.

No, by signing the Quit Claim Deed you are releasing all rights to the property. Also, signing a Quit Claim Deed does not release you from liability for the mortgage if there is one and you are jointly obligated. I would strongly recommend that you discuss these issues with either myself or another attorney. Don't sign anything until you do.

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Answered on 3/02/16, 9:42 am
Rich Peters R.J. Peters & Assoc., P.C.

He can always change his will, so do not expect that you will be getting it back.

Is 10K a fair division of the property?

Please come in soon. We can certainly help you consider and then pursue your options.

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Answered on 3/02/16, 1:43 pm

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