questions & answers

Question: I've read that Az. doesn't recognize common law marriage. However, I can't find information to clarify what occurs with a partnership after a given number of years. I've been cohabitating with a lady for 7 years, and recently was told "you've been together long enough that everything you have is community property." I'm concerned about our separate investments that we each have willed to our respective children. Thanks for any information you might be able to provide.

Answer:

Arizona is not a common law state and does not recognize common law marriage, unless the couple has a preexisting common law marriage from another state (ARS 25-112).  A couple in Arizona is considered married if they have followed all the requirements that are laid out in ARS 25-111 and do not qualify under the void and prohibited marriages (ARS 25-101).

Arizona is a community property state but community property refers to how a married couple holds property.  For more information about community property and what qualifies as community property consult ARS 25-211.