Brigite
Mar 29, 2012, 03:02 PM
In Arizona not legally separated but livings apart for more than 2 years. Do I have rights on the house and the vehicle purchase after we have separated. I'm am how living with another man.
JudyKayTee
Mar 29, 2012, 03:13 PM
Here's Arizona law (and, yes, property acquired while you are living apart with no legal filings IS community property): "Arizona, like most other states on the west coast, is considered a community property state. These states share many similar principles when it comes to dividing assets and obligations accrued during a marriage. Generally, anything that a married couple accumulates during the marriage is considered community property, that is, both spouses own an undivided share of the whole. Exceptions to this general principle include those assets acquired prior to the marriage, by gift, devise (by a will) or descent (inheritance). Because the Arizona courts start with a strong presumption that anything acquired during marriage is a community item, the spouse claiming a particular item is not community property has the burden of proving otherwise." Divorce law in Arizona and Arizona community property law in divorces (http://www.wilcoxlegal.com/arizona-legal-service-qanda/arizona-community-property.html)
This is a private site but contains the best explanation I've seen.
Why do you remain living apart? You could save a lot on taxes by divorcing, to say nothing of being somewhat responsible for each other's debts now. Why not legally separate or divorce?