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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 29985
Experience:  JA Mentor
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I am married and live in Arizona and we have a home in

Customer Question

I am married and live in Arizona and we have a home in cochise county. My husband wants to purchase property with a ranch with his own money and asked me to sign a disclaimer deed and quit claim. The disclaimer form is vague; the information property location with the square footage or actual address location is blank; he informed me the title company requires this even for him to get the loan under his name alone is this true? I wa advised not to sign this as it is open for a can of worms down the line.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 2 years ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today.
You do not have any legal obligation to sign that piece of paper, and it can cause significant problems down the road if the two of you should separate/divorce, or if he passes away without a will leaving children from a prior relationship, parents, or if you have a fight with your own adult children. All assets acquired during the marriage are considered community property, so it's not really "his own money" unless he inherited it recently or he had the money before he married.
Never sign a blank form. What if you sign it and he fills in the blanks to say you're giving him your interest in the house you currently live in? You have the ability to refuse, at least until he hands you a complete form so you know what you're signing. And even then, unless he IS buying the land with premarital monies or inherited money, you don't have to sign it.
It is true that someone who is married needs a spouse to sign off before they can purchase property - either as part of the transaction or giving up any rights to the property. But he can fill the form out and let you read it before asking you to sign.
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