Full question:
My father lives in Las Vegas, he is still married, bought a home almost 1 year ago, he and my mother have 4 children already adults. On the other hand my mother lives in Vegas in the same house my father own. Only one daughter is living with them. My mother has one property on her own. She purchased it in 2001. each of them signed a grand, bargain and sale deed by the time they purchased their properties saying they don't have any interest on their spouse property. Eventhough they live in the same property, they are separate for more than 10 years. They are old: my father is 77 years old and my mother is 74. They don't see the need to get the divorce or separation agreement. If my father wants me to be on the deed when he died, I just need to prepare the grand, bargain and sale deed and on the declaration of value place the exempt #10 that indicated upon his death it will be on my name, a married woman as her sole and separate property, and a because I am married, make my husband sign a grand, bargain, and sale deed that saying he doesn't have any interest on that property. That will be enough or they need to get the divorce? Thank you for your help I will appreciate so much that you will help me with this matter. Am I right?
- Category: Real Property
- Subcategory: Deeds
- Date:
- State: Arizona
Answer:
Without seeing the documents involved, we are unable, as well as prohibited from giving a legal opinion, but if a disclaimer deed was signed, divorce is not necessary to make it effective. A disclaimer deed is a deed in which a spouse disclaims any interest in the real property acquired by the other spouse. A mortgage company often asks a borrower to sign a disclaimer deed so that his spouse not having her name on the loan cannot claim any interest in the property.
A Bargain-and-Sale deed is usually used to convey property to a buyer for valuable consideration. Bargain and sale deed carries contains no warranties against liens or other encumbrances against title, except any that the grantor specifically sets out in the deed. It is implied that the grantor has the right to transfer the deed. It is also sometimes referred to as a special or limited warranty deed.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
