Please make sure to include the following: The docket and page number or the sequence number. In addition, don’t forget about the potential tax impacts down the road. However, if the spouse’s efforts during. PT. Using the realizable benefits standard, Husband’s position was that his goodwill of the law firm should be valued at $140,000 – which was equivalent to his stock redemption value at the firm. Baldwin could only hold property as community property. However, wenn a spouse signs an Arizona rejection deed when purchases a house, the signal spouse no lengthier have one interest in the house. Son argued that, under the language of Arizona law, his father and Mrs. One of you files for divorce and, during marriage, you and your spouse paid down the mortgage by $100,000, which means the mortgage owed on the house is now $400,000. The answer to the question of choosing a date to value assets in an Arizona divorce really depends upon nature of the asset being divided. If you were to sell the house while you are still married, the $300k capital gain would fall under the marriage exclusion of up to 500k and be tax-free. Call us today at (480)305-8300 or reach out to us through. 3d 599 (Ariz. The court concluded that retirement assets, including pensions, are treated in the same manner as all other community property in Arizona and are, therefore, divided between spouses in a divorce. Contact Us; 480. ) § 41-312(E). Maricopa Arizona Quitclaim Deed from Husband and Wife to Husband and Wife Obtain a document from the US Legal Forms catalogue and eliminate paper chaos or lost time with old samples. If. 11120 N. The simple answer is a quitclaim deed. Often, the largest assets most people have when they get divorced are their house and retirement. Call us today at (480) 219-2433 and we. Arizona Real Estate. In the case of In Re Marriage of Inboden, 225 P. Arizona law specifies that a trust deed on community property is not valid unless both spouses execute and acknowledge it. quiet title. Armer, 463 P. 1979) Suggests that fraud is grounds for reclassifying as community property real property held as sole and separate pursuant to disclaimer deed. Disclaimer Deed: A legal document that once signed at the time of purchase by a party waiving all interest to real property current or future. Name Maricopa County Recorder of Deeds Address 111 South 3rd Avenue Phoenix, Arizona, 85003 Phone 602-506-3535 Fax 602-506-3273 HoursDivorce Proceedings In Arizona, the legal name for a divorce is Dissolution of Marriage. in a bankruptcy or a divorce case. The wife later objected to the agreement; stating that the division and assets were not fair and equitable. An. Maricopa County Recorder of Deeds Contact Information. If your ex-spouse refuses to sign the quitclaim there are several steps you can take to force them to do it. Bell-Kilbourne case discussed the impact of Disclaimer Deeds on what may have otherwise been community property. Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your Arizona community property case around today. Do not go it alone. has over 26 years of Arizona family law experience and received awards from US News and World Report, Phoenix Magazine, Arizona Foothills Magazine and. Armer, 463 P. A quitclaim deed with no money changing hands, or to . Residential lease; Property deed transfer; See all personal services. e. The Scottsdale family law attorneys at Hildebrand Law, PC wanted to provide you with intelligence re the restrictions on selling a home throughout an Arizona divorce. Though the couple was divorced, Lazar’s name remained without change as beneficiary on the IRA. The Sellers next argues that the policy covers the Cadillac as an “additional automobile. Minority Discount Buisness Appraisal When Valuing a Company in an Arizona Divorce From Hildebrand Law, PC. The simple answer is a quitclaim deed. Unlike some community property states, Arizona does. A person who murders his spouse is not entitled to. 00. A deed that conveys an interest in real property, including any debt secured by a lien on real property, to a grantee beneficiary designated by the owner and that expressly states that the deed is effective on the death of the owner transfers the interest to the designated grantee beneficiary effective on the. Residential lease; Property deed transfer; See all personal services. The quitclaim deed leaves one party as the sole title holder. Connecticut Real Estate. This is required only of individual estates that exceed a gross asset and prior taxable gift value of $12. forego rights). Find printable and fillable templates for any situation on. Toth, an equal division is not always equitable. Disclaimer Deed and Decided in Arias Explained by the Experienced Scottsdale Arizona Divorce Attorneys at Hildebrand Law, PC. If you are thinking about filing for legal separation or have to respond to a petition for one, be sure to consult with an Arizona family law attorney who is knowledgeable in and has considerable expertise with legal separations. A disclaimer deed is used to disclaim one spouse’s interest in a separate property real estate asset. This represented her share of the community income earned during their three years of separation. However, that isn’t always the case. The community is entitled to a community lien. Consequences from Disclaimer Deeds. Trying to find out if in Arizona law- A disclaimer deed is necessary when a spouse is the petioner and has agreed to stay in the marital residence but wants to deny her husband the right to purchase a new home and take title as sole & separate property by refusing to sign the disclaimer being requested by Title Co. With a couple of simple actions you have an editable Arizona Disclaimer Deed. Yes, you can overcome the disclaimer deed. calculating a community lien on a depreciating asset in arizona; effect of a disclaimer deed or quit claim deed in a divorce in arizona; bank accounts and divorce in arizona; dividing paid time off in a divorce in arizona; equalization payments in. Using Community Funds to Pay a Mortgage on a Spouse's Sole and Separate House From the Experienced Arizona Community Property Lawyers at Hildebrand Law, PC. Call Us: (480) 219-2433. Consequences Of A Disclaimer Deed In An Arizon Divorce. Find the best ones near you. Phoenix Arizona Quitclaim Deed from Husband and Wife to Husband and Wife Save your time searching for the best sample and make use of the US Legal online catalogue. Forms for Filing for a Dissolution of Marriage (Divorce) in Arizona. An increase in the value of that separate property during the marriage is also separate property. Contact us today to schedule an appointment. Find out details about last wills, how to get started making your own will. did your spouse sign a "disclaimer deed", disclaiming any interest she may have had at the time of acquisition or IN THE FUTURE?. Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your Arizona community property case around today. Judicial Deeds Judicial deeds are issued by court orders. A. Martin $46,688. The first issue is supported by the well-established rule in Arizona presuming a gift occurs if one spouse places separate real property in joint tenancy. 1 Comment / Divorce, Domestic Relations, Posts / By Ellsworth Family Law. In Arizona, an increase in the value of separate property during a marriage can be either separate or community property. Earnings of either spouse during a marriage are community property in Arizona. C. Kingberry’s name was on the mortgage, however, but only because the lender insisted on it. As a result, an own willingness not be divided. Under Arizona law, all property (both real and personal) that this acquired by either the husband or the wife during the marriage is community property, except for property that is (i) acquired by gift (even from the other spouse), devise (through a will or trust) or descent (through the probate of a person who died without a will). The evidence suggested that they intended to hold their property in accordance with community property law. That being said, you should sit down and talk with a divorce and real estate. Obtain a professionally-drafted, state-specific document within minutes. Divorce; Name change; Real estate. If Husband succeded in his fraudulent inducement claim, the nature of the home would have changed from sole property to community property. About What is a Disclaimer Deed? A Disclaimer Deed can be one person’s best friend and another’s enemy. The court will apportion the community property interest in retirement accounts between the spouses and will award each spouse his or her separate. The question becomes whether every person contesting a rule 69 agreement in Arizona is entitled to a trial on the issue. m. After Decedent’s death in 2012, Kroncke requested the IRA proceeds from Schwab. In a proceeding for dissolution of the marriage, or for legal separation, or in a proceeding for disposition of property following dissolution of the marriage by a court which previously lacked personal jurisdiction over the absent spouse or previously lacked jurisdiction to dispose of the property, the court shall assign each spouse’s. has over 26 years of Arizona family law experience and received awards from US News and World Report, Phoenix Magazine, Arizona Foothills. That means that, after the divorce decree was entered, each spouse was the owner of 50% of. We use cookies to improve security, personalize the user experience, enhance our marketing activities (including cooperating with our marketing partners) and for other business use. Description Disclaimer Deed. To get a divorce, one spouse must start a court case in the Superior Court. settling an ambiguity about inherited property. Using Community Funds to Pay a Mortgage on a Spouse's Sole and Separate House From the Experienced Arizona Community Property Lawyers at Hildebrand Law, PC. US Legal Forms ensures you get an up-to-date and professionally checked legal template that totally complies with your demands and state’s regulations. Attorneys with you, every step of the way. A. Kingberry’s name was on the mortgage, however, but only because the lender insisted on it. See all personal services. A legal document. See full list on hildebrandlaw. Records of deeds, disclaimer to the value of the same manner to transfer. 8 out of 5 stars. An Arizona disclaimer deed is a legal document and it has legal effect. transferring property to or from a revocable living trust, and. If I understand your situation correctly, you disclaimed your entire ownership in the house and gave your interest to your husband. The most common basic people sign an disclaimer deed is because one spouse has better loan press qualifies for more favorable mortgage terms. Please look for my blog next week discussing these issues further. However, there are still options to get something out of the house, even 50%. If your ex-spouse refuses to sign the quitclaim there are several steps you can take to force them to do it. Community property. Becchelli, 109 Ariz. This is a simple legal document filed with the county that gives you full rights to the property and removes the co-owner’s name. Message. A disclaimer deed is a legal document that relinquishes or gives up one spouse’s interest in real estate acquired during the marriage. After the final divorce trial, the court awarded the house to the husband subject to the husband paying the wife 50% of the equity in the home, if any. In Arizona, a spouse signing over property by quitclaim generally gives up all interest in it. State laws require that you wait 60 days from the date of service before you can proceed with a divorce. Attorneys with you, every step of the way. Learn the specific estate planning documents you need to. If tax, legal, accounting, investment, or other similar expert assistance is required, the services of a. In Arizona, each spouse is a co-owner of all property earned by the other spouse during marriage. All deeds are not created equal. Disclaimer Of Property. (References 1 and 4) The pivotal factor is usually whether the real estate originated as community property, however. Disposition. In Saba, Husband argued that a higher level of proof applies to disclaimer deeds signed during a marriage, and equated those deeds to post-nuptial agreements and trusts (see Harber and Austin cases). Residential lease; Property deed transfer; See all personal services. In a divorce, the community may be entitled to a community lien of $100,000. 2. The amount of time that takes to get a dissolution or divorce can vary from case to case. Search documents recorded since January 1, 1894. changing the way owners hold title to the property. P. Live Chat. property that the spouses have agreed (in writing) is separate, usually through a legally valid prenuptial or postnuptial agreement, and. Choose from 85,000 state-specific document templates available for download in Word and PDF format. Divorce. The Scottsdale family law attorneys at. Divorce; Name change; Real estate. The Disclaimer Deed states that the property was purchased with separate funds (my father's funds from an inheritance he received). Rule 33 (A) of the Arizona Rules of Family Law Procedure. Arizona court generally treats it as community property to the. However, when a spouse marking an Arizona disclaimer deed when purchasing ampere houses, the signing spouse don longer owns an fascinate in the house. The historic indexing will be released periodically as we get the indexing completed. Forcing the Sale of a Home During a Divorce in Arizona. After a petition is filed for divorce, copies of the papers must be served on a spouse unless they waive service and that waiver is filed with the court. The new sole owner may then refinance or sell the home, independent of the other person’s approval. The concept of co-mingling comes up when sole and separate property. One such option is for you to take 50% of the money in all joint bank accounts and leave the other 50% for your spouse. Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine. One exception is when one spouse signs a disclaimer deed as part of a real estate transaction. 8 out of 5 stars. Plan for your future today. One such instance is when one spouse signs a disclaimer deed. That. This occurs through the Disclaimer of Interest. Call 501-247-1830. Attn: Public Records. know about when you care to time. A spouse who signs a disclaimer deed on property that would otherwise be. Obtain a copy of the prior deed to the property. Tucson Arizona Community Property Disclaimer Getting a fillable document has never been so easy. The famous case for this in Arizona was a situation where a couple married and then filed for divorce a month later. This related explains the legal effect are signing a general deed as it relates to immobilien division inbound an Arizona divorce, to hopefully provisioning guidance to those in this situation and/or to caution those looking at shopping one house. The Scottsdale, Arizona Family Law Attorneys at Hildebrand Law, PC Discuss 3 Ways to Protect Your Personal Injury Award or Settlement During Divorce. Real questions about divorce from people like you. The husband often used his separate funds to buy sheep and improve on the land. Get the right guidance with an attorney by your side. See Bender v. A mortgage company often asks a borrower to sign a disclaimer deed so that his spouse not having her name on the loan, cannot claim any interest in the property. This is commonly signed in a marriage when the parties buy or refinance a home and take the loan out in just one spouse’s. Before submitting a petition for divorce, one party must have resided in Arizona for a minimum of 90 days. Signing a disclaimer deed on a house purchased during the marriage can have dire,. The first is the “present cash value method”. That is the current law about the signing of disclaimer deeds (or […]The Arizona Court of Appeals in the case of Bobrow v. The question sometimes arises as to what a court may do when separate property is used to buy community property in Arizona. The Arizona Court of Appeals concluded Husband’s claims that he was fraudulently induced into signing the Disclaimer Deed and community lien claims could have affected title to the home. However, if you are going through a divorce or planning to. In a community property state — let’s say California — your ownership rights are automatic for a house acquired during your marriage. The husband moved to amend the judgment and filed a request for a new trial and subsequently filed an appeal to the Arizona C ourt of Appeals. Getty. R. 2d 818 (1970), the Arizona Supreme Court considered several quitclaim deeds a spouse signed. During a dissolution of marriage case, the trial court must divide the community property between the spouses equitably. For the spouse signing a disclaimer deed, beware. contract with seller. They are usually cloaked in a refinance or purchase to aid the credit process. do not presume that it is totally immune from the other spouse’s community property claim in the event of a divorce. Find a legal form in minutes. In Arizona, both spouses are required to sign a personal guarantee before their community property can be used to satisfy a debt under a personal guarantee. This is going to mitigate some of those hard feelings your spouse may have about your decision to remove money from financial accounts. If you are asked to sign a Disclaimer Deed proceed with caution. Before discussing the use of the quitclaim deed in divorce cases, you need to know a few basic terms: Deed. The court also ordered the parcel of land to be sold with each party receiving 50% of the sale of the land. 78. It reviewed each to determine whether the spouse intended to relinquish her. Non-Disclosure Agreement. The Arizona Court of Pleas issued a seminal resolution regarding the effect von drawing a Disclaimer Deed signed in Arizona on a main purchased during an. Our network attorneys have an average customer rating of 4. Your husband can sign a special warranty deed from him to both of you taking title as community property with right of survivorship. to 4 p. Superior Courts Have Authority to Divide Community Property Equitably. In short, the. Bell-Kilbourne. In the Hutki case, the husband and the wife reached a rule 69 settlement agreement in their divorce case. Divorce; Name change; Real estate. However, the Court of Appeals said, under the Arizona Supreme Court decision in Toth v. e. Signing a disclaimer deed on a house purchased at the marriage can must dreadful, unintended consequences in einen Arizona decree. S. In order to protect your best interests and your property, you need to consult with an attorney as early in the process as you can. However, when a spouse signs an Arizona disclaimer deed for purchasing a house, the signing spouse cannot longer owns an interest in the residence. However, if the spouse’s efforts during. The evidence suggested that they intended to hold their property in accordance with community property law. The Short Answer. "Disclaimer. 2. (520) 433-9631. , Suite 101. Residential lease; Property deed transfer; See all personal services. But there’s one part of Arizona law that, in my experience, is very unfair. Because after signing the Disclaimer Deed, community funds were likely used to pay the mortgage and/or make improvements on the home. Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your community property or family law case around today. S. Filing Fees: Response to Petition for Dissolution $274. If you’re accustomed to claiming a property tax exemption and you’re concerned you might lose it if you add your spouse to your deed, consult a tax professional. However, there are contrary arguments that can be. contract with seller. Our office cannot commission someone who does not meet these standards. During the divorce and after the divorce. The question becomes is there a defense to such a claim in an Arizona divorce case. Upon divorce, the courts bequeath equally separate community property. We track deadlines and ensure all court rules are followed. That means that all money earned by either spouse during the marriage belongs equally to both. as described in Arizona Revised Statutes, section 12-1103, subsection B or otherwise executed for no monetary consideration. Contact us today to schedule an appointment. The court awarded some of the guns to the husband as his sole and separate property but divided other firearms as community property. Chandler Arizona Quitclaim Deed from Husband and Wife to Husband and Wife Benefit from our comprehensive internet template collection to make sure you always can get actual templates that are completely ready for downloading, preparing, and signing. In some cases, however, it transmutes to community property. An alternative is transferring the property to your. Currently, Courts calculate that using a formula called the Drahos formula. 2d 818 (1970), the Arizona Supreme Court considered several quitclaim deeds a spouse signed. Our network attorneys have an average customer rating of 4. The Arizona Court of Appeals in the case of Hutki v. The Arizona Court of Appeals in a memorandum decision in the case of Jimenez vs. A Court Cannot Simply Divide Community Property Based on a Percentage of Each Spouse’s Contributions of Separate Property. Q: What happens if you and your wife own a home through a quit claim deed and the spouse dies? We live in the State of Maine. Power of Attorney. In the Inboden divorce, the trial court based the division completely on the separate fund contributions of each spouse. The Arizona Court of Appeals has ruled that property that starts out as one spouse's separate property by deed, even during the marriage, can't be pulled into the marital estate in the event of divorce. 2d 712 (1953), the Arizona Supreme Court considered the question of whether Arizona courts would enforce an agreement made by an unmarried, cohabiting couple to pool their earnings and share equally in all assets gained during their time together. Signing a disclaimer deed on ampere home purchased during the wedlock can have dire, unintended consequences in an Arizona divorce. As, the lodge becomes of other spouse’s. Summary. The court, coincidentally, also ordered the husband to. It reviewed each to determine whether the spouse. Winters, 298 P. Stat. Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine. A quitclaim deed in California is a legal document used to transfer the grantor’s (the person transferring the property) interest in a piece of property to the grantee (the recipient), without any warranties or guarantees of the title’s quality. A deed that conveys an interest in real property, including any debt secured by a lien on real property, to a grantee beneficiary designated by the owner and that expressly states that the deed is effective on the death of the owner transfers the interest to the designated grantee beneficiary effective on the. There are at least twenty-three (23) states that have revocation of nonprobate assets upon divorce statutes. By statute the divorce court is required to divide all community property equitably. Separate property in Arizona is classified as any property owned by a spouse before marriage or any property owned by a spouse after a divorce decree has been finalized. Even though the other party signed a disclaimer deed, the property may in some instances still be community property or in the alternative the community may have an equitable lien (i. Divorce is a stressful and complicated process which becomes more so when there is a home involved that has to either be sold or refinanced. Katie DeYoung, AZCLDP# 81226. General Rule of Collecting Community Debts from a Spouse’s Separate Property in Arizona. Kunz, 79 P. Pause. However, there are contrary arguments that can be made, including fraud or mistake, or the fact that the community paid the mortgage and other expenses associated with the home. court order. has over 26 years of Arizona family law experience and received awards from US News and World Report, Phoenix Magazine, Arizona Foothills. Attorneys with you, every step of the way. To inherit under Arizona's intestate succession statutes, a person must outlive you by 120 hours. But there’s one part of Arizona law that, in my experience, is very unfair. Disclaimer Deeds and DivorceHere are five steps to remove an ex-spouse from a property deed: Review the divorce decree to determine who gets the real estate. Bender, 123 Ariz. How to fill out Arizona Disclaimer Deed? If you're seeking correct Arizona Disclaimer Deed samples, US Legal Forms is just the right thing you need; find documents made. Bell-Kilbourne. 8700. The question on appeal was whether the language of the document extended. The Court then looked at the record for evidence of the intent of the wife and husband. The community is entitled to a community lien. Finding and Closing Upon the House you Want to Buy. This is common practice in Arizona as it is a community property state. Separate property in Arizona is classified as any property owned by a spouse before marriage or any property owned by a spouse after a divorce decree has been finalized. 1979). During a dissolution of marriage case, the trial court must divide the community property between the spouses equitably. LLC Operating Agreement. § 25-318, that allows a judge to order the sale of the property as part of a divorce decree. in Arizona can become substantially more complicated when one of the spouses has a professional practice. The court will apportion the community property interest in retirement accounts between the spouses and will award each spouse his or her separate. The Court of Appeals overturned the $1600 and interest award from the judgment and otherwise affirmed the remaining parts of the judgment. Arizona's divorce and family law statutes, which are contained in Title 25 of the Arizona. My husband will not get out of the house, and I just filed for divorce. It is somewhat unsettling at think that signing an very piece of paper, which has become commonplace in many. In addition, if the property is purchased with shared funds, both spouses have legal rights to half of the property, and. Even though the other party signed a disclaimer deed, the property may in some instances still be community property or in the alternative the community may have an equitable lien (i. It noted that, under Arizona law, it is the superior court’s job in a divorce to divide all community property held by a couple. In Arizona, if wife signs disclaimer deed giving husband sole ownership of home, is that considered sole property or community? - Legal Answers - Avvo Avvo LogoGlendale Arizona Quitclaim Deed from Husband and Wife to Husband and Wife Make the most of our extensive internet form collection to ensure you always have the ability to get actual samples that are ready for downloading, filling, and signing. The Arizona Court of Appeals in the Bell-Kilbourne v. The rules and definitions are set forth at Section 33-431 of the Arizona Revised Statutes. I am being told that I must now sign another Disclaimer Deed. The first issue is supported by the well-established rule in Arizona presuming a gift occurs if one spouse places separate real property in joint tenancy. If your ex-spouse refuses to sign the Quit Claim Deed, despite a divorce decree saying that you were awarded the house, then you will need to ask the court to. Grants and devises to two or more persons; estates in common; community property with right of survivorship; joint tenants with right of survivorshipA deed that conveys an interest in your real estate ownership (“adds someone on”) has the legal effect of giving that additional person the same bundle of rights to which you are entitled. The statutes in Alaska, Arizona, Colorado, Hawaii, Idaho, Minnesota, Montana, New Mexico, North. Stop. Get the right guidance with an attorney by your side. A court will want to know if she was represented by counsel and how much. While a disclaimer deed can title an asset as separate property, it doesn’t overrule commingling through community. If only one spouse signs a personal guarantee, that creditor cannot come after the community property that was acquired during marriage. Jimenez had to address the issue, among others, of whether an Arizona divorce court has the legal authority to join a third party in a divorce case for the purpose of allowing a spouse to bring a fraudulent conveyance claim in an Arizona divorce to recover monies a wife alleged her husband had. A conveyance recorded to satisfy a . The community property presumption can be rebutted with a signed disclaimer deed. However, when a spouse signs an Arizona disclaimer deed when purchasing adenine house, who signing partner no longer owns on fascinate include the house. If you are asked to sign a Disclaimer Deed proceed with caution. The take away from this case is that an Arizona divorce court may order a party to return the other person’s sole and separate property to enforce the property settlement agreement in Arizona and, further, can order the parties to exchange items of community assets that are in the other’s possession. , the death of the creator of the interest) with the probate court (ARS 14-10012). This refers to the transfer of real property as a gift. m. Yes, you can overcome the disclaimer deed. The only exceptions to that rule are property acquired gift, devise, or descent or earned after service of a divorce petition. R. , Suite 101. 8 out of 5 stars. Call us today at (480)305-8300 or reach out to us through. If both parties are currently listed as owners, and one spouse is receiving the home, then the person signing over his or her share in the home (the grantor) must file. Currently, Courts calculate that using a formula called the Drahos. Print. Protect what is rightfully yours. 11120 N. Arizona is one of nine community property states in the U. Offers FREE consultation! Posted on Feb 16, 2018. 1 Comment / Divorce, Domestic Relations, Posts / By Ellsworth Family Law. Send the Quit Claim Deed to your ex-spouse to sign. Segregating Separate Property From Community Property Explained By the Experienced Scottsdale Arizona Divorce Attorneys at Hildebrand Law, PC. Legal Advice;. And again, there is the equitable lien issue as outlined above. However, if community funds are expended to pay the mortgage or enhance the value of the property, even after the disclaimer deed has been signed, the. This deed provides protection by transferring ownership or rights to another party and helps to avoid potential risks or liabilities associated with. This community property rule continues in effect during a marriage even after separation, until a dissolution decree is entered. 33-405. However, it is still within the judge’s. 2. Delay in Dividing Assets Omitted in a Divorce Decree Is Not a Waiver. Foster, the husband filed an appeal of the trial court’s division of guns in an Arizona divorce. C. Upon divorce, an courts become equally splitting community property. Divorce can be hard.