Other Family Issues

questions & answers

Question: My wife passed away close to 4 years ago after 35 years of marriage. Any $ she had or we both had (including IRA's) transferred to my name. If I get married again, are the dollars (mainly in my IRA) mine alone or would they become "ours"?

Answer: Under Arizona's community property law, property that you own prior to marriage is your sole and separate property.  Arizona Revised Statute, section 25-213 defines separate property as "a spouse's real and personal property that is owned by that spouse before marriage . . ."  You may want to talk to a lawyer before you get married.  Certain actions on your part can convert your sole property to community property.  A lawyer is the best person to advise you on maintaining the separate character of your property.

QUESTIONS

  • My wife passed away close to 4 years ago after 35 years of marriage. Any $ she had or we both had (including IRA's) transferred to my name. If I get married again, are the dollars (mainly in my IRA) mine alone or would they become "ours"?

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

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