Q: If my spouse passes away, do I automatically own our home. I am not presently listed on the deed

A: Automatically? No, not at all.

A: There are lots of questions to be answered here. Arizona is a community property state, and a spouse has an interest in any community property assets. However, there's no way to tell if this house is community property or not. When was it acquired, before or after marriage. What was the nature of the settlement, and did the settlement come from a claim that arose before or after marriage. These questions all impact whether or not there is any community interest in the house. Then there are other questions. Is the house deeded as sole and separate property? Does your spouse have a will, and if so, what does it say?

All of these questions would have to be answered in order to determine the best plan for making sure that the house passes as your husband intends, if the house is actually his sole and separate property, or as the two of you intend, if you have an interest in it.

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