Disclaimer Deed

Mr. Thomas represented Husband. During the marriage, Wife’s credit was much better than Husband’s. Therefore, when they purchased a home it was placed in Wife’s name alone. Husband signed a disclaimer deed stating he had no interest in the property whatsoever. Wife’s position at the divorce trial was that Husband should receive nothing from the hundreds of thousands of dollars in equity in the home they had lived in for many years. Mr. Thomas convinced the trial judge that the parties never intended that Husband was waiving his rights to the home. Husband was awarded half of all the equity in the home. Later, in an unrelated case in which Mr. Thomas was not involved, the Arizona Court of Appeals ruled in such a way as to make it much more difficult for attorneys like Mr. Thomas to get for their clients half the equity in the marital residence if a spouse signs a disclaimer deed.

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