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Recent Posts in real estate Category

The Long Arm (Jurisdiction) Of The Law

Recently I posted about what happens when one parent takes the kids and moves to another state. This time I want to talk about the mirror image. Once again, it demonstrates why you need to retain a ...
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Community Property vs. Joint Tenancy

A.R.S. ยง 25-318(A) mandates equitable distribution of joint tenancy assets as well as community property upon dissolution of marriage, absent fraud, excessive or abnormal expenditures, destruction, or ...
Continue reading "Community Property vs. Joint Tenancy" »

Pizza and Prenups

Arizona recognizes prenuptial ("premarital") agreements. But in most divorce cases, one spouse will seek to get out of it. The 2000 case of In Re Marriage of Pownall discusses the circumstances under ...
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Disclaimer Deeds, Community Property, and Separate Property

Sometimes, when a couple wants to buy real estate, one of them has significantly better credit than the other. Putting the mortgage and the deed in the name of that spouse only can significantly ...
Continue reading "Disclaimer Deeds, Community Property, and Separate Property" »

Equally vs. Equitably

Most people know that Arizona is a community property state. People often assume that in a divorce or legal separation action, the property division rule is simple: the community property is dividing ...
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Community Property and Falling Real Estate Prices

Arizona is a community property state. Property acquired by either spouse during the marriage is presumed to belong to the spouses together, as community property. Same for income earned. Property ...
Continue reading "Community Property and Falling Real Estate Prices" »