I am a resident of Michigan and considering buying realestate in Az. I have a trust and prenup for kids - husband is not included, As Az is a community state will this purchase involve him. Thank you
2 Answers from Attorneys
You should have your husband sign a disclaimer deed. That will preclude him from acquiring a community interest in the property (if properly worded).
It is perfectly legal to use and keep separate property, separate, in a community property state. If you are investing in AZ real estate with trust funds, then the trust is the owner of the property and no issue of community property is raised. Your prenuptial agreement should also provide protection of your separate property. So long as you are careful not to commingle separate property with community property, you will be OK. The use of a disclaimer deed is additional protection.
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