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Nontestamentary Dispositions of Assets in an Arizona Probate

Posted on : August 10, 2016, By:  Christopher Hildebrand
Nontestamentary Dispositions of Assets in an Arizona Probate

Nontestamentary Disposition of Assets in an Arizona Probate In Arizona, a surviving spouse is entitled to a statutory allowance from the other spouse’s estate. Sometimes the estate doesn’t have enough assets to pay that allowance. Arizona law gave the probate court authority to take the decedent’s life insurance policy proceeds to pay that allowance. This […]

Posted in : Estate Planning Laws , Leave a comment

Community Property Interest in a Business Owned Prior to Marriage

Posted on : August 10, 2016, By:  Christopher Hildebrand
Community Property Interest in a Business Owned Prior to Marriage

Community Property Interest in a Business Owned Prior to Marriage In Arizona, the earnings of the spouses during marriage are community property. In a divorce, the court divides the money and assets between the spouses equitably. The exact division is generally left to the discretion of the trial court. However, an appellate court can review […]

Posted in : Arizona Community Property Laws , Leave a comment

Are Prenuptial Agreements Regarding Alimony Enforceable in Arizona

Posted on : August 9, 2016, By:  Christopher Hildebrand
Are Prenuptial Agreements Regarding Alimony Enforceable in Arizona

Are Prenuptial Agreements Regarding Alimony Enforceable in Arizona In Arizona, it had long been the rule that agreements made before marriage affecting spousal maintenance are against public policy. However, over time, women gained more rights and the legislature changed spousal maintenance laws in Arizona. The courts began to take a different view of these prenuptial […]

Posted in : Arizona Alimony Laws , Leave a comment

Division of Military Retirement Pay in a Divorce | Neal v Neal

Posted on : August 9, 2016, By:  Christopher Hildebrand
Division of Military Retirement Pay in a Divorce

Division of Military Retirement Pay in a Divorce | Neal v Neal In Neal v Neal, 117 Ariz. 241, 571 P.2d 1037 (1976), the Court of Appeals reviewed several property division issues. These included whether a court can require one spouse to pay a medical bill if the issue is not specifically raised in the […]

Posted in : Arizona Community Property Laws , Leave a comment

Fraudulent Quit Claim Deed Is Ineffective in an Arizona Divorce

Posted on : August 9, 2016, By:  Christopher Hildebrand
Fraudulent Quit Claim Deed is Ineffective in an Arizona Divorce

Fraudulent Quit Claim Deed is Ineffective in an Arizona Divorce In Arizona, a spouse signing over property by quit claim generally gives up all interest in it. However, that isn’t always the case. In Armer v. Armer, 463 P.2d 818 (1970), the Arizona Supreme Court considered several quitclaim deeds a spouse signed. It reviewed each […]

Posted in : Arizona Community Property Laws , Leave a comment

What Happens To Debts Not Included in a Divorce Decree

Posted on : August 9, 2016, By:  Christopher Hildebrand
What Happens to Debt Not Included in a Divorce Decree

What Happens to Debts Not Included in a Divorce Decree In Arizona, the divorce judge usually divides community property and community debt between spouses in a dissolution decree. However, sometimes the court omits an asset or a debt. In Ellsworth v. Ellsworth 423 P.2d 364 (1967), the Arizona Court of Appeals considered how a community […]

Posted in : Arizona Community Property Laws , Leave a comment

Recording of a Homestead Is Insufficient to Change Separate Property Into Community Property

Posted on : August 9, 2016, By:  Christopher Hildebrand
Recording of a Homestead is Insufficient to Change Separate Property Into Community Property

Recording of a Homestead is Insufficient to Change Separate Property Into Community Property In Arizona, property owned by a spouse before marriage is their separate property. If they transfer an interest to the other spouse, the property status can change to community property. However, actions must be taken that show a clear intention to gift the […]

Posted in : Arizona Community Property Laws , Leave a comment

Statements Regarding Property Are Binding In a Divorce

Posted on : August 9, 2016, By:  Christopher Hildebrand
Statements Regarding Property Are Binding in a Divorce

Statements Regarding Property Are Binding in a Divorce In Arizona, property acquired during a marriage is presumed to be community property. A spouse claiming otherwise must offer clear and convincing evidence in support. In Hofstra v. Hofstra 474 P.2d 869 (1970), the Court of Appeals heard an appeal regarding this issue. A husband appealed the […]

Posted in : Arizona Community Property Laws , Leave a comment

Segregating Separate Property From Community Property

Posted on : August 9, 2016, By:  Christopher Hildebrand
Segregating Separate Property From Community Property

Segregating Separate Property From Community Property In Arizona, an increase in the value of separate property during a marriage can be either separate or community property. Arizona court’s generally treat it as community property to the extent it is attributable to a spouse’s efforts. Any increase due to the inherent value of the property remains separate […]

Posted in : Arizona Community Property Laws , Leave a comment

Intention of Spouses Controls Transmuting of Separate Property Into Community Property

Posted on : August 8, 2016, By:  Christopher Hildebrand
Intention of Spouses Controls Transmuting of Separate Property Into Community Property

Intention of Spouses Controls Transmuting of Separate Property Into Community Property In Arizona, when a spouse uses separate property to purchase property taken in the name of both spouses, it is presumed to be a gift. The intention of the couple also plays a significant role in property division in Arizona. But, what happens when […]

Posted in : Arizona Community Property Laws , Leave a comment