questions & answers

Question: We have been divorce since Jul. 2009. We still lived in the house until Aug. 09 but I moved out due to her hostile. I decided to split our share, my 1/2 of the house (it was paid off by my father as a gift). I tried to get refinance-get the house-give her money 1/2 -and she was too BUT both of us fail to secure the loan we need. On 15 Oct. 09, I ask a realtor to sell our house so I can get my 1/2, her 1/2 but she repulsed to sign the sale auth and still live in it until now. What can I do to have her sign the sell, get my 1/2 and give her 1/2 so I move on?

Answer:

The following is provided as general information only, and is not intended to be construed as legal advice. You may want to speak directly with an attorney to discuss the specifics of your situation and how the law applies to your situation.

Title 33 of the Arizona Revised Statutes governs Property in the State of Arizona. A.R.S. § 33-401, coupled with the Statute of Frauds, requires that any conveyance or sale of real property must be evidenced by a writing. Additionally, A.R.S. § 33-401(B) specifically states that, “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.” A.R.S. § 33-411 states that the conveyance of real property for money (sale) is not effective unless it is recorded in the office of the county recorder, and has been properly acknowledged. The sale of real property without the signature of the proper grantor is invalid. The “grantor” is generally the person or persons who own the real property, and hold the deed to the property. It is unclear whether the property is owned by you alone, or you and your wife together. It is also unclear when the home was purchased, if it was before or after you and your wife were married. This is extremely important because the home may be community property depending upon when it was purchased. It is also very important to determine the legal status of your divorce, and if it has been finalized. A.R.S. § 33-451 states that married persons can convey their own separate property without the written consent of their spouse. A.R.S. § 33-452 states that the conveyance of community property is invalid unless executed and acknowledged by both husband and wife. A.R.S. § 33-453 states that the homestead of a family shall not be conveyed by a spouse, without the written consent of the other spouse. The determination of when the home was purchased will likely indicate whether the home is community property or not. Whether the home is community property or not will help indicate the proper grantor. It is the proper grantor(s) who must sign the conveyance of the real property to complete the sale. The above information is general information only. You may want to review the Where to Find an Attorney for Specific Legal Advice article on this website to discuss your specific situation with an attorney.