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  1. #1
    Join Date
    Nov 2006
    Posts
    1

    Default Never signed a warranty deed in Arizona

    I have been trying to retain a lawyer, since I believe I have a title right. Here is a quick history of events:

    August 2003 - wife files for divorce
    October 2003 - wife lists community home without my knowledge with a local real estate agent
    February 2004 - wife obtains an appealable default divorce decree that awards her all community property
    February 2004 - wife signed warranty deed as a single woman to grant house to purchaser
    February 2006 - divorce decree is vacated without prejudice

    Now that that the divorce decree is vacated and I never signed any instrument to transfer the home, do I have a legitimate title claim? If so, is it in civil court for a complaint to quiet title (real property in adverse possession and use under duly recorded deed with possessor paying taxes)?

    I looked up the Arizona statues that state if the current people in possession are paying taxes I have three years to make a claim.

  2. #2
    Join Date
    Sep 2005
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    74,875

    Default Re: Never signed a warranty deed in Arizona

    You probably do not have a claim against the property or its current owner, as the title appeared to be valid when they purchased and you don't indicate that they would have had any way to know of or anticipate the subsequent ruling. Further, from what you say, they still don't. If you have a valid claim against your spouse for the proceeds, you can resolve that in the divorce proceedings. Talk to your lawyer.

  3. #3
    Join Date
    Jul 2006
    Posts
    5,438

    Default Re: Never signed a warranty deed in Arizona

    Q: Now that that the divorce decree is vacated and I never signed any instrument to transfer the home, do I have a legitimate title claim?

    A: No, you lost all interest under the February 2004 judgment in that lawsuit. Assuming it was a bona fide buyer, that's when you lost the place.

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