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 reviewing the documents, we cannot provide a legal opinion, but if a disclaimer deed was signed, a divorce is not necessary for it to be effective. A disclaimer deed allows a spouse to relinquish any interest in property owned by the other spouse. Mortgage companies often require this deed to ensure that a spouse not on the loan cannot claim an interest in the property. A bargain-and-sale deed is typically used to transfer property to a buyer for consideration. This type of deed does not come with warranties against liens or encumbrances, except those specifically mentioned in the deed. It implies that the grantor has the right to transfer the property. This deed is 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.