What is the name of your state? Arizona
Question 1 Topic: Real Estate Law vs. Community Property Law
If a quit claim document has been signed and recorded with the county recorder and a spouse has released all claim present and future on said real property also stating that said property was purchased with sole and separate funds, do the community property aspects of family law override the quit claim filed and recorded?
If the quit claim overrides, does the language of the quit claim impact the sole and separate issue?
For Example:
A quit claim reads:
This discliamer deed, made by, ____________________, husband of _________________.
herein after called the undersigned to ___________________, herein after called "the spouse".
Whereas:
1. The spouse has acquired title to the following-described property situated in Maricopa County, Arizona, to-wit:
2. The property above-described is the sole and separate property of the spouse having been purchased with the separate funds of the spouse.
3. The undersigned has no past or present right, title, interest, claim or lien of any kind or nature whatsoever in, to or angainst said property.
4. This instrument is executed, not for the purpose of making a gift to the spouse, but solely for the purpose of clearly showing of record that the undersigned has and claims no interest in and to said property.
Now therefore, In consideration of the premises, the undersigned does hereby discliam, remise, release, and quit claim unto the spouse and to the heirs and assigns of said spouse forever, all right, interest, claim and demand which the undersigned.....
Versus a quit claim that simply states:
For the consideration of Ten dollars, and other valuable consideration, I/We:
_________________do hereby convey to: _______________, a married woman as her sole and separate property, the following real property located in Maricopa County: legal description as follows....
Question Two Topic: Automobiles and Liability
Vehicle is titled and insured in my name, my name is also on the loan; however, my spouse is driving it.....What are my rights towards said vehicle....Can I have it repossessed and returned to me? Also am I liable for any accidents my spouse or others that are allowed to drive it while it is not in my possession?
Any and all help is greatly appreciated......
Question 1 Topic: Real Estate Law vs. Community Property Law
If a quit claim document has been signed and recorded with the county recorder and a spouse has released all claim present and future on said real property also stating that said property was purchased with sole and separate funds, do the community property aspects of family law override the quit claim filed and recorded?
If the quit claim overrides, does the language of the quit claim impact the sole and separate issue?
For Example:
A quit claim reads:
This discliamer deed, made by, ____________________, husband of _________________.
herein after called the undersigned to ___________________, herein after called "the spouse".
Whereas:
1. The spouse has acquired title to the following-described property situated in Maricopa County, Arizona, to-wit:
2. The property above-described is the sole and separate property of the spouse having been purchased with the separate funds of the spouse.
3. The undersigned has no past or present right, title, interest, claim or lien of any kind or nature whatsoever in, to or angainst said property.
4. This instrument is executed, not for the purpose of making a gift to the spouse, but solely for the purpose of clearly showing of record that the undersigned has and claims no interest in and to said property.
Now therefore, In consideration of the premises, the undersigned does hereby discliam, remise, release, and quit claim unto the spouse and to the heirs and assigns of said spouse forever, all right, interest, claim and demand which the undersigned.....
Versus a quit claim that simply states:
For the consideration of Ten dollars, and other valuable consideration, I/We:
_________________do hereby convey to: _______________, a married woman as her sole and separate property, the following real property located in Maricopa County: legal description as follows....
Question Two Topic: Automobiles and Liability
Vehicle is titled and insured in my name, my name is also on the loan; however, my spouse is driving it.....What are my rights towards said vehicle....Can I have it repossessed and returned to me? Also am I liable for any accidents my spouse or others that are allowed to drive it while it is not in my possession?
Any and all help is greatly appreciated......
