RE: AZ community property (Form 8958) if we have separate incomes, accounts (investment/bank) and always filed separate. Mtg and the joint checkonly shared.

[asl0329]

Do we report community property income on Form 8958 if we have separate incomes that go to separate bank accounts, hold separate investment accounts and the only thing we share is our house mortgage and the checking account (which I claim interest for in my personal taxes) attached to it for anything that relates to home (i.e. bills)?  We live in the state of Arizona and we've always filed married but filing separate ever since we got married.  We only have personal wages (W-2), dividends and interests as our income (no rents, no military or alimony or retirement pay).

[DaveF1006]

Arizona is a community property state, which means that all property acquired by either spouse during the marriage is considered to be jointly owned. Upon a divorce, it will be divided approximately equally. 

Arizona law defines separate property as property that is acquired prior to marriage, or received as a gift from a third party, or received by inheritance.