Arizona is a community property state. This means:
Question & Answer
Review the question and all answer choices
All property is shared equally
A is incorrect because community property doesn't mean ALL property is shared equally. Separate property acquired before marriage or through inheritance/gift remains separate property, not subject to community property rules.
Property acquired during marriage is presumed jointly owned
Property goes to the state at death
C is incorrect because community property has nothing to do with property escheating to the state at death. This describes aspects of intestate succession, not community property principles.
Separate property doesn't exist
D is incorrect because separate property definitely exists in community property states. Property owned before marriage, acquired by gift or inheritance, or designated as separate in writing remains separate property.
Why is this correct?
B is correct because Arizona's community property law presumes that property acquired during marriage is owned equally by both spouses. This presumption can be rebutted with evidence showing the property was intended as separate property, but absent such evidence, the community property presumption applies.
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