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

Answers:

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.


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