Other Family Issues

questions & answers

Question: Me and my husband separated almost 4 years ago but not signed official separation agreement and if I buy real estate now with money send from my sister,will it be considered as my separate property or community property? Thank You

Answer: Arizona Revised Statute 25-211 defines "community property" for the state of Arizona. This statute states:

ARS 25-211. Property acquired during marriage as community property; exceptions; effect of service of a petition

A. All property acquired by either husband or wife during the marriage is the community property of the husband and wife except for property that is:

1. Acquired by gift, devise or descent.

2. Acquired after service of a petition for dissolution of marriage, legal separation or annulment if the petition results in a decree of dissolution of marriage, legal separation or annulment.

B. Notwithstanding subsection A, paragraph 2, service of a petition for dissolution of marriage, legal separation or annulment does not:

1. Alter the status of preexisting community property.

2. Change the status of community property used to acquire new property or the status of that new property as community property.

3. Alter the duties and rights of either spouse with respect to the management of community property except as prescribed pursuant to section 25-315, subsection A, paragraph 1, subdivision (a).

So, until the paperwork for divorce is filed and served to your husband, it would still be considered community property. The money from you sister may be considered a gift, which would not be community property.

Your best option is to contact a family law attorney and speak with him/her regarding your situation. I hope that helps and points you in the right direction.