Please help me about the community property laws in Arizona?

[shashank]

I and my husband have been married almost 4 years already. We live in Arizona, i'm not originally American so i don't know about the laws here. He bought a house before we got married, the house will go to who if he or me pass away? We don't do the will or trust yet? we don't have a kid. please help me

[bachir93]

Because he bought the house before your marriage, it's his sole and separate property. But your question is not really a community property question, it's a wills & intestacy question.

Assuming neither of you have a will and neither of you have any children, if he were to pass away, all his property would pass to you. The same is true if you were to pass; all your property would pass to him.

If you two get a divorce, however, this is where community property comes into play. Any property or money either of you earn during your marriage belongs to the marital community, and upon divorce, everything will get split equitably. The house, however, is separate property, so it would not be split equitably, but you would probably be entitled to some share of the appreciation in value (assuming there is any).

Given all that, the best way to protect yourselves is to have wills in place that will carry out both of your exact wishes. Good luck.