questions & answers

Question: My husband is 80 and showing signs of dementia. He will want to live out his years in Arizona as a resident. He has about $770.000 in resources. I do not plan to be a resident as I have family elsewhere and allergies here, unfortunately. Also, I am 68 and have about $200.000 in resources. Will my resources be tapped if my husband outlives what he has set aside, even if I am not a resident?

Answer: The key issue in marital property matters is which assets, if any, are considered “Community Property” or “Separate Property” under Arizona law. [A.R.S. Title 25, Chapter 2, Article 2] Arizona requires that, property accumulated by either partner during a marriage is “Community Property” and debts accumulated by either partner during a marriage are chargeable to Community Property. “Separate Property” is property which falls within an exception and is not subject to the spouse’s debt, whether or not the debt is incurred for community purposes. In Arizona, property acquired by either spouse, regardless of the spouse’s residence, is considered Community Property.