Collison acquired an ownership interest in the Cadillac vehicle under Arizona’s community property laws. Now title company is involved and wants spouse to sign closing docs (and forego rights) or sign disclaimer deed (i. Is there a valid reason. If you are asked to sign a Disclaimer Deed proceed with caution. Property owned by one spouse before marriage is separate property. (Bell-Kilbourne) But the community lien on this disclaimed separate property consisted of (a) the community contributions to/ reduction in mortgage principle, PLUS (b) 100% of the increase in value. Federal estate tax return – due nine months after the individual’s death, though an automatic six-month extension is available if asked for prior to the conclusion of the nine-month period. But there’s one part of Arizona law that, in my experience, is very unfair. Find the best ones near you. However, there is no Arizona case that specifically tracks your issue. If you are reading this article, you probably know that CSRC refers to Combat-Related Special Compensation pay. Signing a disclaimer deed on a house purchased during the marriage can have dire, unintended consequences in can Arizona decided. 3) The recent housing market is an advantage to sellers–you may be able to get a higher price for your home now than you would after the divorce is final. That means that all money earned by either spouse during the marriage belongs equally to both. Our solution empowers you to save time so you can focus on more strategic tasks. The court awarded some of the guns to the husband as his sole and separate property but divided other firearms as community property. App. 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. 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. 1. In Stevens v. Phone: 602-230-9118. Problems can arise. Toth, an equal division is not always equitable. 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. In Arizona, each spouse is a co-owner of all property earned by the other spouse during marriage. Before April 2020, if you. The question becomes whether every person contesting a rule 69 agreement in Arizona is entitled to a trial on the issue. As adenine result, to other spouse be asked by the bank till execute a disclaimer deed since i are not included on the. Dividing a house in a divorce with a signed Disclaimer Deed. The Arizona Court of Appeals issued an seminal decision for this effect regarding signing a Disclaimer Deed signature in Arizona on an home acquired during any Arizona. For the spouse signing a disclaimer deed, beware. A quitclaim deed with no money changing hands, or to . R. 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. 994. Generally, a property that is acquired separately remains separate during the marriage. Minority Discount Buisness Appraisal When Valuing a Company in an Arizona Divorce From Hildebrand Law, PC. Use US Legal Forms to easily access and download a wide variety of legal forms - from divorce papers to business formation documents. A Disclaimer Deed can be one person’s best friend and another’s enemy. There is plenty of discovery that needs to be conducted to prove the extent of a community lien. The Short Answer. 1 attorney answer. Additional Automobile Clause. Under this form of ownership, both spouses hold undivided shares of the whole, and when one spouse. 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. If you furthermore your spouse are getting divorced and one of you signed a disclaimer deed to truly property owned by the others, then the issue of an community limitation is likely going to come up in the divorce. Divorce. Getty. Please make sure to include the following: The docket and page number or the sequence number. The law regarding disclaimer deeds in Arizona has since evolved a bit due to new case law recently decided by the Arizona Court of Appeals. If you signed and Arizona disclaimer deed and are going driven a divorce, you NEED to read this article to find out like this affects your rights to your house and what you can do regarding she. S. If I understand your situation correctly, you disclaimed your entire ownership in the house and gave your interest to your husband. Still, when ampere spouse signs an Arizona disclaimer deed when purchasing a house, the signing spouse cannot longer owns an attract in the house. ) § 41-312(E). Improving Separate Property and Transumtation Rules. 3. When contributions of community funds or labor are used to benefit a spouse’s sole and separate property the community is entitled to a community lien “reflecting its contribution to. ordered by a court. 12 for couples) in 2022. Upon divorce, the courts becomes equally divide collaboration property. To the contrary, Arizona courts have determined these disclaimer deeds are valid and enforceable agreements between the parties that one spouse shall hold. 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 an arizona divorce; omitted assets in an arizona divorce decree; crsc pay and divorce in arizonaContact a Chandler legal separation attorney. The wife later objected to the agreement; stating that the division and assets were not fair and equitable. 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). For example, a warranty deed conveys good and clear title. 2010),. 2d 993 (Ct. Residential lease; Property deed transfer; See all personal services. a share of the equity). Specifically, a consideration in choosing a valuation date should include an analysis of whether the assets is an appreciating or depreciating asset or an asset, such as a bank account, that has a fixed and. 933 (1931). Call (858) 793-8884 - Bickford Blado & Botros is dedicated to helping individuals and families with family issues including Family and Divorce cases. Arizona Disclaimer Deed Form. However, the Court of Appeals said, under the Arizona Supreme Court decision in Toth v. They are commonly used if a married couple wants to buy a house, but only one spouse qualifies. If it was refinanced in your husband's name alone, the lending company almost certainly would have required you to sign a Disclaimer Deed. Residential lease; Property deed transfer; See all personal services. The lender may have the spouse who doesn’t qualify sign a disclaimer deed to indicate who bears full responsibility for the property. EXAMPLE: Transfer of property . (References 1 and 4) The pivotal factor is usually whether the real estate originated as community property, however. An increase in the value of that separate property during the marriage is also separate property. 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. 229, 508 P. Since the community expired when the wife died, it was not possible to hold the husband liable. Arizona has specific laws that affect how last wills work. If you signed a disclaimer deed, the home is his sole and separate property. Often a “catch-all” provision in the decree. 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;The Arizona Court of Appeals issued a seminal decision re the effect regarding signing a Disclaimer Deed signed in Arizona on a home purchased during an Arizona marriage to the case of Bell-Kilbourne v. Often, the largest current most. Residential lease; Property deed transfer; See all personal services. In Vance-Koepnick v. Residential lease; Property deed transfer; See all personal services. It is somewhat unsettling at think that signing an very piece of paper, which has become commonplace in many. It awards half of that amount to the nonemployee spouse in the form of equivalent property. "Half" relatives inherit as if they were "whole. Koelsch, noted that property earned by either spouse’s employment is community property in Arizona. Learn the specific estate planning documents you need to. If you signed a disclaimer deed, the home is his sole and separate property. 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. 1979) Suggests that fraud is grounds for reclassifying as community property real property held as sole and separate pursuant to disclaimer deed. Residential lease; Property deed transfer;. 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. If you buy a home using money you earned or inherited before the marriage, it can make sense to keep your spouse off the deed, title, and mortgage. has over 26 years of Arizona family law experience and received awards from US News and World Report, Phoenix Magazine, Arizona Foothills. 4. Disclaimer and quit claim deeds are two other types of deeds, neither of which warrants a good title. Bender, 123 Ariz. The first is the “present cash value method”. A. Our network attorneys have an average customer rating of 4. Yes, you can overcome the disclaimer deed. Often, the largest current most folks have when they get divorced are your house both retirement. Obtain Consent of Both Spouses to Buying a House During a Divorce in Arizona. Our network attorneys have an average customer rating of 4. 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 an arizona divorce; omitted assets in an arizona divorce decree; crsc pay and divorce in arizonaTypes of Business Appraisals in an Arizona Divorce From Hildebrand Law, PC. In the decree of dissolution, the trial court divided the parties’ community property. Learn the specific estate planning documents you need to. 623-321-1525 (fax) In Arizona, any assets purchased during the marriage are presumed to be community property. creditor lien on joint tenancy property in an arizona divorce; increase in value of a separate property business stock in an arizona divorce; statements regarding property are binding in an arizona divorce; debts not included in a divorce decree in arizona; fraudulent quit claim deed is ineffective in an arizona divorce Arizona is a community property state. Our network attorneys have an average customer rating of 4. Discover all you need to handle paperwork in electronic format on one platform: up-to-date blanks, PDF editor, and eSigning features. Deane issued a decision regarding whether unvested stock options in an Arizona divorce were. A Claim of Waste in an Arizona Divorce for the Loss of Equity in a Home From Hildebrand Law, PC. If you need information about gifting separate property by signing a joint tenancy deed in an Arizona divorce, you should seriously consider contacting the attorneys at Hildebrand Law, PC. You also may want to discuss its effect because a recent decision changed the calculus considerably for some spouses who executed disclaimer deeds. Beneficiary deeds; recording; definitions. The Court of Appeals, citing the case of Koelsch vs. Divorce; Name change; Real estate. , the death of the creator of the interest) with the probate court (ARS 14-10012). In Barron, Husband requested an equalization payment from Wife. court order. The Arizona Court of Appeals displayed ampere seminal. e. Bell-Kilbourne. In the case of In Re Marriage of Inboden, 225 P. The community property presumption can be rebutted with a signed disclaimer deed. Before submitting a petition for divorce, one party must have resided in Arizona for a minimum of 90 days. Attorneys with you, every step of the way. Use this do-it-yourself Word 2007 form to prepare a deed to transfer Arizona real estate from a married person who own the property as separate property to. A disclaimer deed is a legal document that relinquishes or gives up one spouse’s interest in real estate acquired during the marriage. The Arizona Court of Appeals in the case of Hutki v. Find out details about last wills, how to get started making your own will. Earnings of either spouse during a marriage are community property in Arizona. Fortunately, Arizona law is pretty clear that most property acquired during the marriage is split equally. Taking Title to Real Property Community Liens On Separate Property. If you would like to work with one of our experienced Attorneys, please call OWENS & PERKINS at 480. 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. Phoenix 85028. Tucson AZ 85702-3145. Delay in Dividing Assets Omitted in a Divorce Decree Is Not a Waiver. Download legal document forms from the largest catalogue of legal forms. 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. (520) 433-9631. One exception is when one spouse signs a disclaimer deed as part of a real estate transaction. The Arizona Supreme Court agreed with the trial court’s decision that the interest in the ranch was husband’s separate property. See all personal services. The Scottsdale, Arizona Family Law Attorneys at Hildebrand Law, PC Discuss 3 Ways to Protect Your Personal Injury Award or Settlement During Divorce. Go to your account and re-download purchased samples anytime you need them. Residential lease; Property deed transfer; See all personal services. The question sometimes arises as to what a court may do when separate property is used to buy community property in Arizona. Submit the new deed to the city or county land records for recording. However, the Court of Appeals said, under the Arizona Supreme Court decision in Toth v. My husband will not get out of the house, and I just filed for divorce. When a marriage ends in Arizona, both the community assets and the community debts are divided between the spouses. This means that the transfer of property from one party to another was ordered by the court. 2d 818 (1970), the Arizona Supreme Court considered several quitclaim deeds a spouse signed. A divorce decree was issued dissolving the parties’ marriage, dividing their marital assets, and awarding Wife spousal maintenance of $600 for 120 months. Arizona is a community property state. To get a divorce, one spouse must start a court case in the Superior Court. This can only be rebutted by clear and convincing evidence to the contrary. ”. One of our experienced family law attorneys can assist with the process of drafting a Stipulation and. S. Although the Superior Court has a facility in each Arizona county, a court case to end a marriage must be started in the county where Questions & Answers A. 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. In Armer v. This can only be rebutted by clear and convincing evidence to the contrary. 2d 59 (1973); Battiste v. Tatum Blvd. Often, the largest assets most people have when they retrieve divorced are my house and retirement. Protect what is rightfully yours. 623-321-1525 (fax) In Arizona, any assets purchased during the marriage are presumed to be community property. 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. as described in Arizona Revised Statutes, section 12-1103, subsection B or otherwise executed for no monetary consideration. A signed disclaimer deed, absent fraud or mistake, conclusively establishes the separate nature of property acquired during marriage. The law regarding disclaimer deeds in Arizona has since evolved a bit due to new case law recently decided by the Arizona Court of Appeals. to 4 p. It effectively means the grantor is relinquishing, or “quitting,” any rights, interests, or. The question becomes is there a defense to such a claim in an Arizona divorce case. Before April 2020, if you purchased a house during a marriage and one of the spouses signed a disclaimer. It is somewhat unsettling to think that signing a little piece of paper, which has become commonplace in many. It reviewed each to determine whether the spouse intended to relinquish her. The Arizona Court of Court issued a semantiker. 8 out of 5 stars. A court will want to know if she was represented by counsel and how much. , Suite 101. R. In an Arizona divorce, a Response can be filed after receiving a petition for divorce. In Arizona, any assets purchased during the marriage are presumed to be community property. That argument was rejected by the Court of Appeals (and the Arizona Supreme Court is not going to review that argument). See full list on hildebrandlaw. We're available Mon-Fri 5 a. Get the right guidance with an attorney by your side. The court awarded assets totaling $184,843 to wife and $215,211 to the husband. Disclaimer Deeds. Call us today at (480)305-8300 or reach out to us through. Podcast Episode #22 – Owning Joint Property After Divorce. 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. Arizona is one of nine community property states in the U. The experienced Arizona divorce attorneys at Hildebrand Law, PC have over 100 years of combined experience calculating the division of pension benefits in a divorce in Arizona. Lenders often require disclaimer. A deed is a legal document that conveys title to real property. Our network attorneys have an average customer rating of 4. Van Loan 569 P. Pending Supreme Court review, this is controlling law. Search documents recorded since January 1, 1894. In the case of real property, acknowledge the disclaimer as is required for a deed and record it in the county where the property is located (ARS 14-10015). See all personal services. 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. 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. Disclaimer Deeds. That means that all money earned by either spouse during the marriage belongs equally to both. 8 out of 5 stars. The four premises of value Arizona court’s may apply to a business appraisal in a divorce case are the “going concern premise,” “value of the assets premise,” “value of the sale of the assets premise,” “value of the assets in an expedited liquidation premise. A disclaimer deed is used to disclaim one spouse’s interest in a separate property real estate asset. R. In Armer v. That is the current law about the signing of disclaimer deeds (or […] The simple answer is, yes, there is a defense to a Bobrow claim in an Arizona divorce. Arizona has specific laws that affect how last wills work. Are you asking yourself, “Do I have to refinance after divorce?” the answer. a share of the equity). 33-405. Division of Debt in Arizona Divorce Explained by Hildebrand Law, PC. A mortgage lender may also require one spouse to sign a disclaimer deed. Search by state or form title and save it. Our office cannot commission someone who does not meet these standards. Hutki answered that question. All property acquired during marriage until the time one party is served with the divorce paperwork is presumed to be community property. The Court of Appeals found that a properly-executed Disclaimer Deed rebuts the presumption that property acquired during marriage is community and overturns a trial court’s finding that property acquired in Wife’s name during the marriage was community. 2. A person who murders his spouse is not entitled to. Click To Call Us (480) 219-2433. 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 an arizona divorce; omitted assets in an arizona divorce decree; crsc pay and divorce in arizona33-431. Attn: Public Records. See all personal services. Estate Planning. However, there are contrary arguments that can be. Let’s talk about CRSC pay and divorce in Arizona. The quitclaim deed leaves one party as the sole title holder. The Disclaimer Deed states that the property was purchased with separate funds (my father's funds from an inheritance he received). It is somewhat unsettling to think which signing a little piece of paper, which possesses become commonplace inside many. Description Disclaimer Deed. The Arizona Supreme Court agreed with the trial court’s decision that the interest in the ranch was husband’s separate property. 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. Nothing can be more satisfying than winning a personal injury case and receiving compensation for your losses from the incident. (2) They can own it separately as separate property. If you need information about a judgment for premarital loans in an Arizona divorce, you should seriously consider contacting the attorneys at Hildebrand Law, PC. This type of property division usually means equal, but can mean unequal depending on the circumstances of the case. Sep 01, 2023 · 3 min read. 2d 938 (1935), the Arizona Supreme Court was asked to interpret a power of attorney written and signed by a couple during the marriage that granted a third person authority to deal with their property. LLC Operating Agreement. In the case of Foster vs. Residential lease; Property deed transfer; See all personal services. Apply for Loan Assumption. Generally, a property that is acquired. However, one spouse may gift the other his interest in community property, making it the separate property of the other. The community is entitled to a community lien. Go Twitter Linkedin. There are at least twenty-three (23) states that have revocation of nonprobate assets upon divorce statutes. Create a new deed to transfer the property as described in the divorce decree. Your home is equally shared between you, fifty-fifty — no matter how it’s titled. in a bankruptcy or a divorce case. Understanding the impact of how moving during a divorce can affect the resulting proceedings is essential for deciding how you should proceed. 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 an arizona divorce; omitted assets in an arizona divorce decree; crsc pay and divorce in arizonaDivorce; Name change; Real estate. The Arizona Court of Appeals in the matter of Brebaugh v. Next, the Court considered whether a pending divorce between the co-owners enlarges the right of one co-owner to force a sale. Signing a disclaimer deed on one house purchased during the marriage can have horrifying, unintended consequences in an Arizona divorce. Offers FREE consultation! Posted on Feb 16, 2018. Find out details about last wills, how to get started making your own will. Arizona Real Estate. e. And in California, that. Bell-Kilbourn, 216 Ariz. A quitclaim deed is used to transfer a property owner’s interest in the property to another person without any warranties or guarantees as to the condition of the property. However, when a spouse marking an Arizona disclaimer deed when purchasing ampere houses, the signing spouse don longer owns an fascinate in the house. App. A quitclaim deed is a fast way to transfer ownership of property, but there are specific occasions where a quitclaim deed is warranted because it…. The Arizona Court of Appeals reversed the trial court. However, in Arizona it acts like a postnuptial. Box 3145. 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. Divorce; Name change; Real estate. 623-252-0292. 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. At trial, the court issued orders dividing the husband’s military retirement between the two spouses. Anderson, 256 P. 9. One such situation occurs when a spouse signs a Disclaimer Deed to a home. But like life, in divorce answers are rarely that simple. g. It is somewhat disorienting on thinking that signing a low piece of color, which has become commonplace in many. 2d 818 (1970), the Arizona Supreme Court considered several quitclaim deeds a spouse signed. S. Residential lease; Property deed transfer;. The quitclaim deed presents an efficient way for people who have shared a home to pass their own interest in the real estate from one to the other. These can be very technical issues. Disclaimer Deed and Decided in Arias Explained by the Experienced Scottsdale Arizona Divorce Attorneys at Hildebrand Law, PC. (See Becchelli v. The Sellers next argues that the policy covers the Cadillac as an “additional automobile. Disclaimer Deed and Divorce in Arizona Explained by the Experienced Scottsdale Arizona Divorce Attorneys at Hildebrand Law, PC. If you need further assistance, you should consult with an experienced family law attorney. Do not go it alone. 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. Live Chat. That is the current law about the signing of disclaimer deeds (or […]The Arizona Court of Appeals in the case of Bobrow v. This situation usually arises when the couple purchases a home, and one spouse has much better credit than the other. 1 2007) (a valid disclaimer deed rebuts the presumption that property acquired during marriage is community property). However, exemption code A7 could also apply. DISCLAIMER DEED WITNESSETH THIS DISCLAIMER DEED, made by Hereinafter called “the undersigned” to Hereinafter called “the spouse”, WHEREAS: 1. Call us today at (480)305-8300 or reach out to us through. Stat. Against a divorce in Arizona, the courts are required toward divide community property justly, which for one. and lender. The court, coincidentally, also ordered the husband to. If you are asked to sign a Disclaimer Deed proceed with caution. Conclusion. The husband often used his separate funds to buy sheep and improve on the land. Our network attorneys have an average customer rating of 4. 00, of which each spouse is entitled to one-half. Poulos Law Firm. The Arizona rule — pronounced in a 1926 case and consistently followed – was that any amounts of money recovered for injuries to one spouse during the marriage are community property. A conveyance recorded to satisfy a . Often, the largest assets most people have when they get divorced are their house and retirement. Phoenix, Arizona 85016. We have tried to ensure that the information contained in this electronic search system is accurate. As a output, that other spouse is asked by the bank to execute a disclaimer deed because they are none included on who mortgage advance. Thus, the your is the other spouse’s separate. The Respondent (responding spouse) has 20 days after service to file a Response to the Petition of Dissolution served within Arizona; he or she has 30 days to respond if served outside of Arizona. Calculating a Community Lien on an Appreciating Asset in an Arizona Divorce 7 months ago Disclaimer Deeds Forfeit Ownership Interest Unless Fraud or Mistake ExistsCommingling Community and Separate Funds Can. The simple answer is a quitclaim deed. If you die first, after a long marriage, and your spouse sells that $100,000 house for $750,000, their capital gains totaled $650,000, and they must pay capital gains tax on $400,000. Power of Attorney. The husband often used his separate funds to buy sheep and improve on the land. The involvement of the co-owner (or co-owner’s spouse) is not necessary. Often, that largest inventory most. Sep 01, 2023 · 3 min read. Contact us today to schedule an appointment. One exception is when one spouse signs a disclaimer deed as part of a real estate transaction. Find out how a trustee deed is used to transfer ownership of real property in a foreclosure sale. We want to talk about the effect of improvements to separate property in an Arizona divorce by discussing the Arizona Court of Appeals’ decision addressing what impact improvements to a spouse’s separate property has on a divorce in Arizona. Phone: 602-230-9118. . Where do I get a divorce? In Arizona, only the Superior Court can grant a divorce. Under certain circumstances. § 25-318. The Arizona Court out Appeals issued a.