Legal Question in Wills and Trusts in Arizona

Community property

The house was purchased before marriage and the title is for a single individual. The house has 30 years mortgage. Is the house separate or community property in the community property state after marriage consider that the house is not paid off yet?


Asked on 4/01/09, 12:47 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

Re: Community property

Assets owned prior to marriage are separate property and remain so, without regard to the mortgage loan, so long as the owner does not commingle the assets with community property. An issue is raised if community property money is used to pay the mortgage loan on the house,or for maintenance, improvements and repairs, then the spouse may have a claim.

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Answered on 4/01/09, 1:03 pm


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