Legal Question in Family Law in Arizona

I am legally separated from my wife in AZ, a community property state. Am I able to purchase another home without her having 50% right to it now that the separation is final or do I need to wait until the divorce is finalized?


Asked on 2/27/13, 1:07 pm

2 Answers from Attorneys
Monica Donaldson Stewart Donaldson Stewart, P.C.

Community property terminated upon service of the Petition for Legal Separation, so anything you acquire now would be considered your sole and separate property. You will just need to make sure the title company knows that you are taking title as a legally separated person, not a "single" person.

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Answered on 2/27/13, 1:24 pm
Rich Peters R.J. Peters & Assoc., P.C.

So long as the marriage was in fact ended by Decree of Legal Separation, then she would have NO CLAIM to anything you purchase.

Please email with any further questions/concerns.

/s/Rich J. Peters

Attorney at Law

1422 N. 2nd Street Suite 100

Phoenix, Arizona 85004

(602)254-7251

Fax (602)254-1229

www.familylawaz.com

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Answered on 2/27/13, 1:30 pm


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