ASK ANGIE^TM
By Angela Hallier, Esq.
Answers to your divorce and family law questions

Q I was awarded the marital residence in my divorce. Now my spouse refuses to sign a deed transferring her interest in the home to me. What can I do?

A To avoid this problem, deeds and other documents transferring property from one spouse to the other should be signed at the time all other settlement documents are signed. However, if that did not occur, and later your spouse refuses to sign such a document, you have a number of remedies available. Most decrees contain language ordering each party to "execute any and all documents necessary" to transfer property as ordered in the Decree. If this language exists in your decree, you should remind your spouse they are under a court order to sign the deed you have given them; most people don't want to be taken to court for refusing to abide by a court order. A simpler solution exists if your Decree contains language indicating the Decree itself is deemed to be a "sufficient deed, conveyance, assignment, or transfer" of the property allocated therein. In such a case, and if your Decree contains a legal description of the property at issue, you can record a certified copy of your Decree at the County Recorder's office. Such a recording will transfer title to you and has the same effect as if your spouse had signed the deed. (I have also known the Department of Motor Vehicles to accept a certified Decree as a valid transfer of title to a vehicle when the vehicle's VIN number appears in the Decree). If your Decree does not contain sufficient language to be recorded, petition the court for an order divesting your former spouse of ownership rights in the property at issue. The Arizona Rules of Civil Procedure specifically allow for such an order, and recording the order operates as a legal transfer of ownership in the property.

Q Our home is being sold but my Husband and I are not yet divorced. I am worried about splitting the sales proceeds right now as my Husband may owe me money for our business when we divorce. What can I do?

A You need to provide specific escrow instructions to the title company not to issue a check disbursing the sales proceeds until all matters are resolved. Such instructions will be followed if contained in a court order, but often title companies will abide by instructions contained in a letter signed by either you and your spouse or your respective counsel. Further instructions regarding disbursement of the proceeds can be provided to the title company at a later date. If a title company receives specific instructions regarding the amounts to be paid to you, your spouse, or a third party, separate checks will be issued. Such instructions or orders are also important in situations where your property will not be sold until after the divorce, and you want to ensure your former spouse doesn't receive a check made payable to both of you, forge your name, and spend all the money. Believe me, it happens.

It is always advisable to seek the counsel of a qualified attorney who can advise you specifically about your case. The information in this column is provided for general information only in the state of Arizona, is not specific to any one case and does not create an attorney-client relationship between the author and the reader. ©2003 - 2008 Hallier Law Firm PLC

ASK ANGIE^TM is published monthly in Arizona Trends Magazine.