Inchoate Property Interest

The antiquated description in some jurisdictions of wife’s ownership interest in the community assets during the marriage as “inchoate” until divorce occurs. This description was used because in most community property jurisdictions (including in Arizona until 1973), the husband alone controlled community assets during the marriage. In community property jurisdictions that followed similar laws at the time, the wife’s interest was said to be “inchoate.” Arizona, though, even pre-1973, found a wife has a vested interest in the community property; therefore, because it was vested, it could not be taken from Wife by operation of law without due process.