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FACTS:

Husband purchased an investment property after having secured a legal separation from his wife. The property was purchased in his name only, but no disclaimer deed was signed by the wife. Husband now wishes to sell the property, but his divorce is still not final.

ISSUE:

In light of the fact that Arizona is a community property state, does Wife have an ownership interest in the property, thereby requiring her to sign closing documents?

ANSWER:

No.

DISCUSSION:

A.R.S. § 25-211(A)(2) states:

All property acquired by either husband or wife during the marriage is the community property of the husband and wife except for property that is: Acquired after service of a petition for dissolution of marriage, legal separation or annulment if the petition results in a decree of dissolution of marriage, legal separation or annulment.

In this case, husband’s purchase of the investment property occurred after having secured a decree of legal separation. As such, the investment property does not constitute community property and Wife has no ownership interest.