Legal Question in Real Estate Law in Arizona

I own a land lot in Mohave County Arizona, it was sold to me in my name only.

I am married but my wife did not want her name on title, she has no interest in the property at all. If I sell the property should the deed to the new purchaser read married man sole & separate property after my name as grantor. All it says on my deed, is my name only. A friend of mine in real estate was saying its needed for marketable title. Can I include that statement even through it is not on my deed?

What is correct for Arizona? If I include this on my selling deed and it is not on the

original deed, would I have a problem with the county for any reason? Would I have a problem with a title company if I use them at all?


Asked on 10/13/09, 2:31 pm

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

You should have your wife sign a disclaimer of any interest in the property. You could then record the disclaimer and a deed from you, to yourself, a married man as your sole and separate property. The ultimate arbiter of what is required to sell the property to someone else with good and clear title, is the title insurance company. Ask a local title company what to do.

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Answered on 10/18/09, 3:28 pm


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