Legal Question in Wills and Trusts in Arizona

If my home is jointly owned by me and my daughter; can I make provisions in my will making it legally binding that upon my death my common-law wife be allowed to remain in the home until such time as she chooses to relocate or upon her death without interference from my daughter?


Asked on 5/11/11, 10:12 am

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

If the house is titled in joint tenancy, then you both must agree on the terms you have described and the use by your "wife" must be recorded in order for her "estate"/interest in the property, to be honored. Your will has no effect on property held in joint tenancy with right of survivorship.

If the house is titled as tenants in common, then you can provide in your will what happens to your 1/2 interest in the property. We do not recognize common law wife in AZ.

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Answered on 5/11/11, 4:22 pm


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