Divorce and Remarriage

questions & answers

Question: My divorce decree from over 40 years ago specifies my former wife may continue to reside in our former residence. Both our names are on deed to the property. How can I find out if I have any liability related to this property since my name is still on it. And if I do, how do I protect myself?

Answer: If a person's name is to be removed from the title so that person does not have a future ownership interest in the property a quit claim deed can be filed. Please read the statute which provides the formal requirements for this action in ARS 33-401 (http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/33/00401.htm&Title=33&DocType=ARS) and you are able to locate the required forms in ARS 33-402 (http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/33/00402.htm&Title=33&DocType=ARS). This action does not necessarily relieve the person of responsibility for the mortgage and you may want to find out how the law applies to your specific situation; you may want to contact a real estate/real property attorney (http://azlawhelp.org/articles_info.cfm?mc=5&sc=35&articleid=129).

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QUESTIONS

  • My divorce decree from over 40 years ago specifies my former wife may continue to reside in our former residence. Both our names are on deed to the property. How can I find out if I have any liability related to this property since my name is still on it. And if I do, how do I protect myself?

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