I am legally separated from my wife in AZ, a community property state. Am I able to purchase another home without her having 50% right to it now that the separation is final or do I need to wait until the divorce is finalized?
Answer
Community property terminated upon service of the Petition for Legal Separation, so anything you acquire now would be considered your sole and separate property. You will just need to make sure the title company knows that you are taking title as a legally separated person, not a "single" person.
Answer
So long as the marriage was in fact ended by Decree of Legal Separation, then she would have NO CLAIM to anything you purchase.
Please email with any further questions/concerns.
/s/Rich J. Peters
Attorney at Law
1422 N. 2nd Street Suite 100
Phoenix, Arizona 85004
(602)254-7251
Fax (602)254-1229
www.familylawaz.com
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