disclaimer deed arizona

[Sunnygirl85]

What is the name of your state (only U.S. law)? Arizona

Hello,

I am a girl from europe and married since 2 years .My husband is working here and I am right now housewife.
We are buying a house in Az and have to finance it with mortgage. We found a nice house and wanted to buy it unfortunately before we could close the house I needed to go back to germany for few weeks.
Now he is telling me I should sign a disclaimer deed which he is going to send via mail to germany because otherwise the house can not be closed and it can not be record. Is that true? Why does he need me to sign a disclaimer deed? Please help me to understand. I am not sure what to think because he is not helpful to explain me my rights. Thank you in advance.

 

[OHRoadwarrior]

It sounds like he is attempting to exclude you from deeded ownership. I find this suspicious, unless you are planning on a divorce.

 

[Sunnygirl85]

thank you for your answer. Can he buy the house without me being there?Because he is telling me otherwise we cant buy the house.

 

[sandyclaus]

What is the name of your state (only U.S. law)? Arizona

Hello,

I am a girl from europe and married since 2 years .My husband is working here and I am right now housewife.
We are buying a house in Az and have to finance it with mortgage. We found a nice house and wanted to buy it unfortunately before we could close the house I needed to go back to germany for few weeks.
Now he is telling me I should sign a disclaimer deed which he is going to send via mail to germany because otherwise the house can not be closed and it can not be record. Is that true? Why does he need me to sign a disclaimer deed? Please help me to understand. I am not sure what to think because he is not helpful to explain me my rights. Thank you in advance.

The Disclaimer Deed is the standard instrument used to keep one spouse off title and mortgage in Community Property states like California, Arizona and others, usually because the disclaiming spouse has credit issues.

Unless you have issues with your credit, you should definitely ask him WHY he feels the need to exclude you from the title on the property. One very obvious reason is that he is planning divorce you and intends to try to keep the new house for himself, but it's not the ONLY reason there is.

 

[sandyclaus]

After a disclaimer deed is signed, that spouse cannot claim interest in property owned by the other spouse independently. The spouse signing the disclaimer deed has no ownership rights to the property. Although the property is acquired during the marriage, once the disclaimer deed is signed, the property is considered separate property of the purchasing spouse and will not be divided amongst the two upon divorce.

 

[Sunnygirl85]

first thank you sandyclaus.

I see. I do live since 2 years here and we have both the same account. I dont know my credit score. But I guess it should be fine. I am his depending right now because I dont have any income. The mortgage is under his name .Could be the reason the mortgage problem? Maybe the bank just want to give him the mortgage and not me. And this is the reason he wants me to exclude. What do you think?

 

[OHRoadwarrior]

I think this is more of an issue regarding marital ownership of assets, that you need to work out with your spouse.