Community Property and Reconciliation

[DoubleClick]

What is the name of your state (only U.S. law)? Arizona

My husband and I are legally separated, for less than 6 months. He purchased a home in his name and has all his finances in order.

We are at a point of reconciling. First - How would we even do that? Annul the legal separation? Remarry? What court papers do we file, if there are any.

Next, what happens to this home - Does it become community property or is it still his sole responsibility?

 

[LdiJ]

What is the name of your state (only U.S. law)? Arizona

My husband and I are legally separated, for less than 6 months. He purchased a home in his name and has all his finances in order.

We are at a point of reconciling. First - How would we even do that? Annul the legal separation? Remarry? What court papers do we file, if there are any.

Next, what happens to this home - Does it become community property or is it still his sole responsibility?

You are still married...you are simply legally separated. You file a motion to vacate the legal separation, and everything becomes community property again.

 

[DoubleClick]

... and everything becomes community property again.

This is property he purchased during our separation, not the home we owned prior. Sorry if I wasn't clear on that. That still will become community property once the separation is vacated?

Thank you in advance.

 

[mistoffolees]

This is property he purchased during our separation, not the home we owned prior. Sorry if I wasn't clear on that. That still will become community property once the separation is vacated?

Thank you in advance.

Technically, no. It is separate property. However, any gains in the value of the property would be community property and since he just purchased it, there won't be any gains.

Assuming that you split things equally at the time of the separation and neither of you has won the lottery or inherited a ton of money, you're probably still about equal. The easiest thing would be to just make EVERYTHING community again. If you don't want to do that, you could agree that the house is separate property. Either way, I'd suggest that you sign an agreement on what you're going to do. And keep in mind that if you use marital assets to pay the mortgage or improvements on the house, part of it will become community, anyway.