Arizona  |  Wills and Trusts

Legal Question

Asked on: 6/23/10, 11:54 am

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

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Answered on: 6/23/10, 3:04 pm by Gloria Meyer

You should have your husband sign a disclaimer deed. That will preclude him from acquiring a community interest in the property (if properly worded).


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Meyer Law Office 3800 S. Alma School Road, Suite 122 Chandler, AZ 85248-4499

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Answered on: 6/23/10, 3:20 pm by Donald Scher

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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Donald T. Scher & Associates, P.C. 2200 E. Camelback Rd., #102 Phoenix, AZ 85255

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