What is the name of your state? Arizona
Sorry in advance as this might be a confusing question....
Wife and I were legally separated in 2015.That legal separation included a separation of property.
In 2017, we purchased a home together. We currently have about 300K (maybe 250k after realtor and other fees) in equity in the house. Since a legal separation in AZ means we were still legally married, we had the home titled as community property with right of survivorship. We have shared in house payments and other household expenses since then and have overall lived as a married couple would.
Wife filed for divorce in 2023, wanting to convert the legal separation to a divorce. In that 2023, case wife sought different property agreement than the court had ordered in 2015. Her case was not successful, but as part of its ruling, the court noted that any property acquired AFTER the legal separation decree of 2015 was not community property, based on our 2015 separation, which ended community property. Since it was not considered community property, judge could not separate the home unless we agreed on how it would be split.
So we still have a house titled as community property with right of survivorship, but a court ruling that it cannot be community property. Since that ruling, which wife was not happy about, she has threatened to leave her half of the house to someone else, stating it is not community property. I believe (hope?) that even if it is not community property, nothing undoes the right of survivorship part of that title, but wife believes home is titled wrong, and that overrides all aspects of the title.
So my question is this. Does the fact that the title includes right of survivorship hold value? Or if she wills half of it to someone, does that other person get it?
Sorry in advance as this might be a confusing question....
Wife and I were legally separated in 2015.That legal separation included a separation of property.
In 2017, we purchased a home together. We currently have about 300K (maybe 250k after realtor and other fees) in equity in the house. Since a legal separation in AZ means we were still legally married, we had the home titled as community property with right of survivorship. We have shared in house payments and other household expenses since then and have overall lived as a married couple would.
Wife filed for divorce in 2023, wanting to convert the legal separation to a divorce. In that 2023, case wife sought different property agreement than the court had ordered in 2015. Her case was not successful, but as part of its ruling, the court noted that any property acquired AFTER the legal separation decree of 2015 was not community property, based on our 2015 separation, which ended community property. Since it was not considered community property, judge could not separate the home unless we agreed on how it would be split.
So we still have a house titled as community property with right of survivorship, but a court ruling that it cannot be community property. Since that ruling, which wife was not happy about, she has threatened to leave her half of the house to someone else, stating it is not community property. I believe (hope?) that even if it is not community property, nothing undoes the right of survivorship part of that title, but wife believes home is titled wrong, and that overrides all aspects of the title.
So my question is this. Does the fact that the title includes right of survivorship hold value? Or if she wills half of it to someone, does that other person get it?
Last edited: