Divorce and Remarriage

questions & answers

Question: Hello. I am in a second marriage. Our investments and home are in a trust with my husband. But I have received some money as an inheritance. Can I put this is a separate savings in my name only, with my sons as beneficiaries?

Answer: Although Arizona is a “Community Property” state, each spouse is allowed to transfer (by gift, sale, will, etc.) his or her “Separate Property”, which they receive from sources outside the marriage, including inheritance (“devise”) 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.

QUESTIONS

  • Hello. I am in a second marriage. Our investments and home are in a trust with my husband. But I have received some money as an inheritance. Can I put this is a separate savings in my name only, with my sons as beneficiaries?

STORIES

  • Age discrimination in the workplace. . .
  • I just helped my mother, age 89, deal with her Medicare HMO. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .

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  • State Bar of Arizona
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    Referral number 602-257-4434
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