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Valuation of Stock Holdings & Interest on Debt in Arizona

Posted on : July 19, 2016, By:  Christopher Hildebrand
Valuation of Stock Holdings and Interest on Debt in Arizona

Valuation of Stock Holdings & Interest on Debt in Arizona In McCune v. McCune, 586 P. 2d 651 (1978), the Court considered whether a Trial Court had followed its instructions. The case involved a valuation of a divorcing wife’s share of a business run by her husband. Facts of the Case Mrs. McCune and Mr. […]

Posted in : Arizona Community Property Laws , Leave a comment

Liability for a Spouse’s Negligence

Posted on : July 18, 2016, By:  Christopher Hildebrand
Liability for a Spouses Negligence

Liability for a Spouse’s Negligence When is a spouse liable for a car accident caused by the other spouse? In Jones v Weaver, 123 F.2d 403 (9th Cir. 1941), the 9th Circuit Court of Appeals considered this question: Is a husband personally responsible for the negligence of his wife who caused a fatal accident? Facts […]

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Authority of Divorce Courts to Require a Religious Divorce

Posted on : July 15, 2016, By:  Christopher Hildebrand
Authority of Divorce Courts to Require a Religious Divorce

Divorce Court’s Authority to Require a Jewish Divorce Arizona law allows the divorce court to address the financial and custody issues in a divorce. But can a court order a spouse to undertake a religious ceremony? In Victor v. Victor, 177 Ariz. 231, 866 P.2d 899 (1993) the Court of Appeals reviewed that issue. It […]

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Binding Effects of Premarital Agreements on Creditors

Posted on : July 15, 2016, By:  Christopher Hildebrand
Binding Effects of Premarital Agreements on Creditors

Binding Effects of Premarital Agreements on Creditors Arizona law permits couples to enter into premarital agreements about their finances. An agreement is valid as long as both spouses entered into it voluntarily and with full disclosure. But, do valid prenuptial agreements bind third party creditors? In Schlaefer v Financial Management Service, Inc, 996 P.2d 745 […]

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Premarital Agreements Made in Another State

Posted on : July 15, 2016, By:  Christopher Hildebrand
Premarital Agreements Made in Another State

Validity of Premarital Agreements Arizona law, like that of most states, permits couples to enter into premarital agreements about their finances. In Arizona, an agreement is valid as long as both spouses enter into it voluntarily and with full financial disclosure. If that is not the case, the agreement will not be enforced in Arizona. […]

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When a Creditor May Take Sole and Separate Assets of a Spouse

Posted on : July 12, 2016, By:  Christopher Hildebrand
When a Creditor May Take Sole and Separate Assets of a Spouse in Arizona.

When a Creditor May Take Sole and Separate Assets of a Spouse In Majewski v. Eyre, 542 P.2d 1123 (1975), the Court of Appeals considered a wife’s liability for a debt. Mrs. Majewski and Mr. Majewski married in 1955 and divorced in 1972. In 1966, wife and husband entered into two separate agreements. First, they borrowed $15,000 […]

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Community Property Liability Exists Even After Probate Ends

Posted on : July 12, 2016, By:  Christopher Hildebrand
Community Property Liability Exists Even After Probate Ends

Community Property Liability Exists Even After Probate Ends Can a creditor sue a spouse for the community debt of a deceased husband after the statute for filing in probate has passed? In Samaritan Health System v. Caldwell, 957 P. 2d 1373 (1998), the Court of Appeals considered this issue. Facts of the Case Mr. Caldwell […]

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Commingling Separate Property With Community Property

Posted on : July 12, 2016, By:  Christopher Hildebrand
Proving Separate Property in an Arizona Divorce

Commingling Separate Property With Community Property Earnings of either spouse during a marriage are community property in Arizona. However, any money earned or assets acquired before a marriage by a spouse is the separate property of that spouse. An increase in value of that separate property during the marriage is also separate property. However, if […]

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Title to a Home Affects Community Property Rights in Arizona

Posted on : July 12, 2016, By:  Christopher Hildebrand
Title to a Home Affects Community Property Rights in Arizona

Title to a Home Affects Community Property Rights in Arizona In Arizona, property acquired by a married couple is presumed to be community property rather than a property held as tenancy in common. Is it possible for a married couple to acquire property as joint tenants with the right of survivorship? In In re Baldwin’s […]

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Community Liability for a Spouse’s Debt in Arizona

Posted on : July 11, 2016, By:  Christopher Hildebrand
Community Liability for a Spouse's Debt in Arizona.

Community Liability for a Spouse’s Debt in Arizona Can an Arizona couple’s community property be taken in payment of a debt made separately by the husband? What if the husband incurred the debt in a non-community property state? In Bainum v. Roundy, 521 P.2d 633 (Ariz. Ct. App. 1974), the 9th Circuit Court of Appeals […]

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