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quick claim deeds

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amwelsh

Junior Member
What is the name of your state (only U.S. law)? arizona
I was divorced in 1996. My husband was awarded our home. I signed a quick claim deed as soon as he requested but it was not notorized or filed. I am on disability and this home is considered part of my net worth according to social securiy. They base my monthly income based on my net worth. also considering filing bankruptcy which will effect his home because I legally still own the property.
I have been trying to explain this to him since I applied for disability. He doesnt believe me or care to help or find out.
He says he is going to talk to his lawyer and I am afraid they will somehow take advantage of me.
How does this effect me since deed was not recorded? I dont want any ties to this property.How can I make do this legally? Do I have any grounds in regards to this not being filed and effecting the disability benefits available to me? I mean this is keeping me at a low income level.
Thank you in advance for your help.What is the name of your state (only U.S. law)?
 


justalayman

Senior Member
33-411.01. Recording real estate documents; indemnification by transferor

Any document evidencing the sale, or other transfer of real estate or any legal or equitable interest therein, excluding leases, shall be recorded by the transferor in the county in which the property is located and within sixty days of the transfer. In lieu thereof, the transferor shall indemnify the transferee in any action in which the transferee's interest in such property is at issue, including costs, attorney's fees and punitive damages.


and yes, it must be acknowledged by a notary for it to be valid so, as it stands, you have not legally transferred your interest to your former spouse and the determinations by the government agencies are correct.

33-401. Formal requirements of conveyance; writing; subscription; delivery; acknowledgment; defects

A. No estate of inheritance, freehold, or for a term of more than one year, in lands or tenements, shall be conveyed unless the conveyance is by an instrument in writing, subscribed and delivered by the party disposing of the estate, or by his agent thereunto authorized by writing.

B. Every deed or conveyance of real property must be signed by the grantor and must be duly acknowledged before some officer authorized to take acknowledgments.
It appears you were required to have a valid deed recorded. I would suggest creating a valid quit claim deed and recording it.
 

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