Legal Question in Family Law in Arizona

What are the pros and cons of hypenating my name or keeping my maiden name once

I am getting married this June. I am undecided whether I should keep my maiden name or hypenate it with my married name. I own a home, have a couple of bank accounts and investments (i.e., 401(K), stocks, etc) that are in my maiden name. I really don't want to have to change my name on everything. Most of all, I don't want to loose my assets that I worked hard for, because Arizona is a community property state. If I hypenate my name will I have to change my name on the title and deed of my home and accounts or could I let them remain the same, but still be legally known by my maiden name for these accounts? What bearing does this have on the naming of my children? Would it just be easier to retain my maiden name once married?


Asked on 2/15/02, 1:12 pm

2 Answers from Attorneys

Re: What are the pros and cons of hypenating my name or keeping my maiden name o

Congratulations! In Arizona you may use any name so long as you don't take a name to defraud someone. So, you may take your husband's name, keep your own, hyphenate both names, use one name some places (e.g. work) and the other name elsewhere (e.g. joint checking account), etc. When you have kids, you are free to hyphenate or not, or to give them either spouse's name. Considerations include the importance of a "family name," the possibility of confusion for the child, etc. Also, as you've noticed, name change can create a bit of paperwork, particularly if you want everything in one name to avoid confusion. These issues are not legal in nature, and your decisions are limited only by your comfort and flexibility.

As for community property concerns: Just changing your name does not change the legal status of the sole and separate property. To make separate property into community property, you need to actively do something, like using cash from a separate account to buy something for the community. So, simply changing your name on a separate checking account from Ms. Smith to Mrs. Doe does not create community property, but changing a separate account to a joint account, in both your names (whichever name you are using) and that you both access probably would.

Many people, especially those who have children by an earlier marriage or who have substantial personal worth, want some property to remain separate. The best time for couples to discuss how they will each contribute financially to the marriage is before the wedding. Questions of what will remain separate and how "the community" will be funded (how costs are covered for house, living expenses, travel, retirement, etc) can be discussed and drafted into a pre-marital agreement, along with a plan for dividing property in case of divorce. Although a money/divorce discussion may seem crass before a wedding, your good will toward each other at this time can actually help you craft a kinder, gentler divorce plan now than you would if anger and resentment took over in years to come.

Possibly the friendliest way to develop a pre-marital agreement is to work with a mediator, a neutral facilator skilled in gently propelling people through difficult subject matter with a minimum of conflict. You may also wish to consult a family lawyer, either before you begin mediating, or as an advisor to help you feel confident about the fairness of the ultimate agreement you have reached in the mediator's office. I am a lawyer/mediator, and I do help couples negotiate pre-marital agreements. If you are interested in more information on mediation, feel free to contact me, or you can read more on my web site, at www.yesmediation.com. If you think you'd like to discuss your situation with a family lawyer, but don't know who to ask, I'd be happy to help you with a referral.

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Answered on 2/15/02, 4:31 pm
Rich Peters R. J. Peters & Assoc., P.C.

Re: What are the pros and cons of hypenating my name or keeping my maiden name o

Whether or not you take his name or keep your own has no effect on your property. Anything owned prior to marriage remains yours, unless you "gift" him an interest through your conduct. There are many ways to change your separate property into community property, and also ways that property could be partially separate and partially community. As an example, if you took his name, transferred title to your vehicle, and added his actual name to the title, you have now presumably "gifted" him an interest in the vehicle.

I can explain the potentials better by phone or in person. There is too much to cover via e'mail. We could also discuss the benefits of a premarital agreement.

Please call me directly to discuss the specifics of your case, or contact my assistant Cathy. We typically offer free 1/2 hour consultations to those who . I look forward to talking with you.

/s/ Rich J. Peters, Attorney

JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com

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Answered on 2/19/02, 4:17 pm


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