Logo
Call Now(480) 305-8300

Gift of Separate Property Through Joint Tenancy Deed

Posted on : August 4, 2016, By:  Christopher Hildebrand
Gift of Separate Property Through Joint Tenancy Deed

Gift of Separate Property Through Joint Tenancy Deed In Arizona, when a spouse purchases real estate with their separate funds, it is considered their separate property. If a spouse takes title in joint tenancy with the other spouse however, courts may presume there was an intention to gift the property to the community. Given this, […]

Posted in : Arizona Community Property Laws , Leave a comment

Joint Tenancy Property in an Arizona Probate

Posted on : August 4, 2016, By:  Christopher Hildebrand
Gift of Separate Property Through Joint Tenancy Deed

Joint Tenancy Property in an Arizona Probate In Arizona, spouses have the right to hold property in joint tenancy with right of survivorship. The regular rules of joint tenancy still apply to joint tenancies with rights of survivorship. If one of the spouse transfers their interest to a third party though, it voids the joint tenancy all […]

Posted in : Estate Planning Laws , Leave a comment

Valuing a Pension Plan in a Divorce in Arizona

Posted on : August 4, 2016, By:  Christopher Hildebrand
Dividing a Spouses Retirement Plan

Valuing a Pension Plan in a Divorce in Arizona Under Arizona law, the earnings of both spouses during the marriage are community property. Sometimes a spouse’s earnings will also include their employer’s contribution to a retirement account. The court must determine the value of the contributions made during the marriage. They are divided as community […]

Posted in : Arizona Community Property Laws , Leave a comment

Setting Aside Divorce Decree to Correct a Mistake

Posted on : August 4, 2016, By:  Christopher Hildebrand
Joint Tenancy Property Treated as Community Property

Setting Aside Divorce Decree to Correct a Mistake Under prior Arizona law, spouses could hold property in joint tenancy or as community property. These two types of property were treated differently in a divorce. If one spouse identifies joint tenancy property as community property in a divorce, the other spouse can dispute that characterization. The […]

Posted in : Arizona Community Property Laws , Leave a comment

How Separate Property Can Be Turned Into Community Property

Posted on : August 4, 2016, By:  Christopher Hildebrand
How to Convert Separate Property Into Community Property

How Separate Property Can Be Turned Into Community Property In Blaine v. Blaine 159 P.2d 786 (Ariz. 1945), the Arizona Supreme Court evaluated a divorcing couple’s property division. Facts of the Case The Blaines married in 1935. When they married, Husband owned a personal service business, a home, and some rental property. He also owned […]

Posted in : Arizona Community Property Laws , Leave a comment

Equitable Division of Community Property | McClellon v. McClellon

Posted on : August 4, 2016, By:  Christopher Hildebrand
Appealing a Community Property Division in an Arziona Divorce

Equitable Division of Community Property In McClellon v. McClennon 464 P.2d 982 (1970) the Arizona Court of Appeals considered various property division issues. Facts of the Case Mrs. McClellon and Mr. McClellon married in Arizona. After 25 years of marriage, they divorced. The trial court granted the divorce and divided the community property. It awarded Dorothy […]

Posted in : Arizona Community Property Laws , Leave a comment

Are Military Retirement Payments Community Property?

Posted on : August 4, 2016, By:  Christopher Hildebrand
Are Military Retirement Payments Community Property

Are Military Retirement Payments Community Property? Oftentimes a spouse earns retirement benefits as part of their job compensation. In Arizona, those benefits are considered community property. But, how is that calculated? In Czarnecki v. Czarnecki, 600 P.2d 1110 (1978) the Arizona Court of Appeals addressed this question. Facts of the Case Mrs. Czarnecki filed for […]

Posted in : Arizona Community Property Laws , Leave a comment