Full question:
My dad is 65 and getting remarried. He states that he has a will leaving his property to his children. Arizona is a community property state. If the house is in his name, something happens to him, or she divorces him, would I be entitled to his property? I would like the majority of things that would cause him to lose half of the estate that he owned prior to their marriage.
- Category: Divorce
- Subcategory: Property Settlements
- Date:
- State: Washington
Answer:
Arizona is a community property state. This means that property owned before marriage typically remains with the original owner. Property acquired during the marriage is divided equally in a divorce. In a divorce, the court determines what is community property, which usually includes earnings and assets acquired during the marriage. Separate property includes gifts, inheritances, personal injury awards, and properties purchased with separate funds. If separate property is mixed with community property, it may become community property, complicating ownership claims. If your dad has a will leaving his property to his children, that will generally dictate how his property is distributed upon his death. However, if he remarries, his new spouse may have rights to community property acquired during the marriage. If he passes away, the will would govern the distribution, but it can be contested if there are claims of lack of mental capacity or improper execution of the will. In summary, if your dad's house is solely in his name and was acquired before the marriage, it is likely his separate property. However, if he acquires new property during the marriage, it may be considered community property, affecting your inheritance. Users can search for state-specific legal templates at .This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.