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If I didn't sign a pre-nup when I married my husband on Oct.

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If I didn't sign a...
If I didn't sign a pre-nup when I married my husband on Oct. 2010, but I have lived with him since 2002 what are my rights if we were to get a divorce. He had an irrevocable trust set up under his kids prior to our marriage, but we didn't sign a pre-nup when we got married. I understand that the trust is protected, but what rights do I have from the day we got married?
Submitted: 1 year ago.Category: Estate Law
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9/15/2016
Estate Lawyer: Attorney2, Attorney replied 1 year ago
Attorney2
Attorney2, Attorney
Category: Estate Law
Satisfied Customers: 7,404
Experience: 29 Years in General Practice and Estate Planning
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Welcome and thank you for your question. I am an Arizona licensed Attorney and it will be my pleasure to assist you.

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Estate Lawyer: Attorney2, Attorney replied 1 year ago

As you may be aware Arizona is a community property State. The presumption is that all money earned or acquired during the marriage belongs to both spouses.

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Estate Lawyer: Attorney2, Attorney replied 1 year ago

You are correct the money in the irrevocable trust set up prior to the marriages is not considered community property.

"Arizona is a community property state and community property law controls the division of all assets of your marital estate.

Community property law sets forth a presumption that all real and personal property acquired during marriage is community property - meaning that the "property" is owned 50% by Husband and 50% by Wife. "Property" is not limited to houses and cars, but also includes businesses, ownership interests, investments, wages from work, earnings, income, savings, retirement accounts, bonuses, dividends, IRA's, pensions, real estate, raw land, brokerage accounts, boats, cars, art, furniture and any other property, whether it be real or personal - and of course, this also includes all debt created during the marriage. Unless the presumption of community property can be overcome, all property acquired during the marriage is to be divided equally upon divorce of the parties." http://www.jaburgwilk.com/news-publications/what-exactly-is-community-property-law-in-arizona-and-why-does-it-matter

I understand that the trust is protected, but what rights do I have from the day we got married?

Therefore the day you got married you are entitled to 1/2 of all property that is marital property.

This link sets out what is considered marital property and what may be considered separate property. http://www.divorcenet.com/resources/divorce/marital-property-division/arizona-divorce-dividing-prope Again the presumption is that everything is marital property unless proven otherwise.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my time and work I would appreciate it.

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Estate Lawyer: Attorney2, Attorney replied 1 year ago

Please ignore the additional service request. Thank you for using JA!

If you would be kind enough to rate my service positively so I will receive credit for my time and work I would appreciate it.

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Estate Lawyer: Attorney2, Attorney replied 1 year ago
Do you have any additional questions for me? The Attorneys on the site only receive credit for their time and work if you rate us positively. Thank you for your consideration.
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Estate Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Law Educator, Esq.
Category: Estate Law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Your previous contributor had to leave. I am a DIFFERENT CONTRIBUTOR.
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Law Educator, Esq.
Law Educator, Esq.
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