Mutual Wills containing Last Will and Testaments for Unmarried Persons living together with No Children - Arizona 2026

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by entering your name in Field [1] and your county of residence in Field [3].
  3. In Article One, specify the name of the person you reside with in Field [4].
  4. For Article Three, list any specific property you wish to bequeath. Fill out Fields [11] to [28] as necessary, detailing names, addresses, relationships, and descriptions of the property.
  5. In Article Four, designate who will receive your homestead by filling out Field [29] or selecting heirs at law.
  6. Complete Article Five by naming who will receive all remaining property in Field [31].
  7. Appoint a Personal Representative in Article Six by filling out Fields [34] and [35].
  8. Review all entries for accuracy before printing. Ensure signatures are obtained from two witnesses.

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While Arizona doesnt permit the creation of new common law marriages, this doesnt mean couples who live together while unmarried have no rights. Couples can sign a cohabitation agreement in Arizona, allowing them to live together and have access to certain rights despite not being married.
Cohabitation is common among couples who prefer not to marry. However, Arizona law does not grant automatic rights to unmarried partners, regardless of how long they have lived together. Property rights can become complicated, especially when one partner claims ownership of assets acquired during the relationship.
But in most cases, if an unmarried partner dies without a will, the probate court will direct all assets to their family. This means their remaining partner legally cant claim ownership over any part of the estate they are not a joint owner or direct beneficiary of, such as an insurance policy.

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Because unmarried cohabitation does not create a marital estate in Arizona, community property principles do not apply when unmarried couples separate. Instead, all property acquired by either party before or during the relationship is considered separate property belonging solely to the person who acquired it.
Contrary to popular belief, there are no rights as a common law spouse. A partner will not inherit even if they live together and/or have children. There is no financial security on death of a partner.
When unmarried couples separate, they generally keep the property they individually own. However, jointly owned assets, like a house or a bank account, are typically split. Disputes often arise regarding assets if one partner contributed docHubly more or if there was an informal agreement to share ownership.
You can either follow the legal procedures that apply in your statetypically this means the court will order the property to be sold, and the net proceeds (after paying mortgages, liens, and costs of sale) to be dividedor you can docHub your own compromise settlement.

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