Since my boyfriend is married but has been separated for 15 years and we’ve purchased things with both our names on them, if something were to happen to him what would become of these things?

Would a Will made out by him take precedence over community property state or am I going to have to deal with his wife if something does happen? He is retired military and doesn’t want her to have half his pension. We own things like trucks, campers and things like that.

Asked on September 30, 2015 under Family Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, community property trumps a will his wife will receive her share of the community property regardless of the will. Some options
1 Keep a separate bank account and keep anything important that is yours in your name alone.
2 Anything you do buy, make sure you keep receipts, etc. to prove that you purchased it.
3 Your boyfriend should divorce his wife yes, he'll take a property hit, but then it will be over, and she will not have a claim to anything he buys later.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.