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Essential 3 Steps of Buying a House During a Divorce in Arizona

Sun 15th Jan, 2023 Arizona Community Property Laws
Essential 3 Steps of Divorce and Buying a House in Arizona.

Some people going though a divorce in Arizona ask questions about divorce and buying a house in Arizona.

The idea of going through a divorce can be daunting; particularly if you plan on buying a house during a divorce in Arizona. It can be made even more difficult if one of the spouses wants to buy a house as his or her sole and separate property.

If you are considering buying a house during your divorce process in Arizona, it is important to understand the legal implications and know what to expect.

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Step 1: Property Division Laws About Divorce and Buying a House in Arizona

Buying a House as Community Property in Arizona

In Arizona, all marital assets are subject to equitable division upon divorce. This means that in most instances, any assets acquired during the marriage will be divided between the two spouses.

If a home was bought during the marriage, the court will take into account both spouses’ interests and decide whether one or both parties should retain ownership of it after the divorce.

Buying a House as Separate Property in Arizona

However, property can also be characterized as one of the spouse’s sole and separate property. Sole and separate property of a spouse will be awarded to that spouse and not divided between the spouses.

If one spouse is purchasing a house during a divorce, they will need the other spouse to sign a Disclaimer Deed disclaiming any community property interest in the home.

Buying a House During a Divorce Requires a Disclaimer Deed

If your spouse refuses to sign a Disclaimer Deed to the home you wish to buy during the divorce process, you will not be able to purchase a home until the divorce is finalized.

A judge, correspondingly, lacks the authority to order your spouse to sign a Disclaimer Deed to allow you to purchase a home during the pending Arizona divorce because the Arizona legislature in title 25 of the Arizona Revised Statutes did not grant an Arizona trial judge with that authority.

Step 2: What to Expect when Buying a House During Divorce

If you decide to buy a house during your divorce proceedings in Arizona, you will need to discuss this with your lawyer and make sure that both parties are comfortable with the decision before moving forward.

Consider Obtaining Pre-Approval of a Home Loan

Depending on your financial situation, you may want to obtain pre-approval for a mortgage loan before starting to look for properties.

It is also important to remember that any disputes regarding property division must be resolved before finalizing the purchase of a new home.

Finding and Closing Upon the House you Want to Buy

Once everything is settled and you have obtained proper financing for your purchase, you should begin searching for houses that fit within your budget and personal preferences.

You may want to consider having an inspection done on any potential homes prior to making an offer so that you can ensure that there aren’t any hidden problems or surprises down the line.

Once an offer has been accepted by a seller, both parties should receive legal advice from separate lawyers who focus their practice on family law before signing any paperwork or contracts related to the house purchase.

This step is important as it ensures that both sides’ interests are protected throughout this process and that nothing is overlooked or forgotten about during negotiations or settlement discussions prior to closing on the property.

Step 3: Closing On Your New Home

When all agreements have been made and contracts signed, it’s time for closing day! During this process, both divorcing parties must appear at closing and sign all necessary paperwork associated with transferring ownership of the new home from the seller to one of the spouses involved in the divorce.

The presence of attorneys involved can make this process smoother as they will ensure all details are taken care of before closing takes place.

Talk to the Attorneys at Hildebrand Law

If you have questions about buying a house during a divorce in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona divorce and family law attorneys have over 100 years of combined experience successfully representing clients in divorce and family law cases.

Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.

Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your divorce or family law case around today.

Frequently Asked Questions About Homes and Divorce in Arizona:

How Does Divorce Affect Buying a House in Arizona?

Youre Getting Divorced are You Sure You Want the House

A divorce can affect buying a house because the outcome of the divorce can affect your ability to afford a mortgage payment or to be qualified to apply for a loan to purchase a house due to the possibility of child support payments, spousal maintenance payments, and the division of community debts.

Is it Hard to Buy a House After Divorce in Arizona?

Using Community Funds to Pay a Mortgage on a Spouses Sole and Separate House

It depends on whether the divorce created additional financial obligations, such as the payment of debts and family support obligations, that make it hard to obtain a mortgage to by a house after divorce.

Is a Mortgage Split After a Divorce in Arizona?

Home State Legal Definition

A judge will not order a mortgage to be split between spouses in a divorce in Arizona. Most judges will either order the house to be sold or will award the house to one spouse under the condition he or she refinances the mortgage to remove the other spouse from that mortgage.