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On death of spouse in community property state does home automatically go to spouse

Cottonwood, AZ |
Attorney answers 3


The spouse needs to sit down with a real estate attorney with an estate/probate background to examine how title to the the house is held now and what other pre-death planning is appropriate. Copies of any existing wills will also be potentially necessary, depending upon how the house is titled. In other words, the way the house is titled may impact whether or not community property issues are even relevant to the discussion. Let us know if we can be of assistance.

Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. I am licensed in Arizona and can only provide general comments on matters outside of Arizona law. Actual legal advice can only be provided after a direct consultation in which all of the relevant facts are considered before providing a response.


I am really sorry that the spouse is going through this difficult time. My advice would be to contact an estate planning attorney to find the best way to protect the assets and address any other issues that might come up because of the cancer. You should be able to find an attorney who is not only versed in the law but has the compasion to counsel you allong the way. Our firm recently handled a similar matter and know the stres it brings on the family.


The answer depends on a number of factors such as how the title is held, when the couple was married, and whether there are any wills or trusts involved. You definitely need to consult with an estate planning attorney.

This answer is for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising. We are a debt relief agency. We help individuals and businesses file for bankruptcy protection under the Bankruptcy Code.