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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 […]

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Tracing Separate Property Commingled With Community Property

Posted on : August 8, 2016, By:  Christopher Hildebrand
Tracing Separate Property Commingled With Community Property

Tracing Separate Property Commingled With Community Property In Arizona, courts presume that property a couple acquires during marriage is community property. A spouse can overcome this with clear and convincing evidence. In Kingsberry v Kingsberry 379 P.2d 893 (1963), the Arizona Supreme Court of addressed this issue. Facts of the Case Mrs. Kingsberry and Mr. […]

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Community Liens On Sole and Separate Property in an Arizona Divorce

Posted on : August 8, 2016, By:  Christopher Hildebrand
Community Liens on Sole and Separate Property in a Divorce

Community Liens on Sole and Separate Property in an Arizona Divorce Under Arizona law, when community assets benefit one spouse’s separate property, the community can obtain reimbursement in a divorce. But, does the same rule apply when the community ends because of one spouse’s death? And if so, what is the measure of reimbursement? In […]

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Are Profits From a Separate Business Community or Separate Property

Posted on : August 8, 2016, By:  Christopher Hildebrand
Are Profits From a Business Separate Property or Community Property

Are Profits From a Separate Business Community or Separate Property? Under Arizona law, when one spouse earns profits from separate property, those profits are either community or separate property (or a combination of both). They are community property to the extent they are earned through the spouse’s efforts. The spouse earning them must offer a reasonable […]

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Abandonment of Marriage May Impact Community Property Rights

Posted on : August 8, 2016, By:  Christopher Hildebrand
Abandonment of Marriage May Impact Community Property Rights

Abandonment of Marriage May Impact Community Property Rights In In re Marriage of Fong 589 P.2d 1330 (1978) the Court of Appeals reviewed a particularly unusual divorce case. It relied on very usual authorities to come to its decision. Facts of the Case Mrs. Chow and Mr. Fong married in China in 1923. Mrs. Chow […]

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Increase in Value of a Separate Property Business Stock

Posted on : August 8, 2016, By:  Christopher Hildebrand
Increase in Value of a Separate Property Business Stock

Increase in Value of a Separate Property Business Stock When one spouse earns profits from their separate property, those profits are classified as either separate property, or community property. They are community property only to the extent to which they are earned through a spouse’s efforts. But, do the same rules apply to a valuation of the increased […]

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Can Creditors Put a Lien on Joint Tenancy Property

Posted on : August 8, 2016, By:  Christopher Hildebrand
Can Creditors Put a Lien on Joint Tenancy Property

Can Creditors Put a Lien on Joint Tenancy Property? In Arizona, property acquired by spouses during marriage is usually presumed to be community property. But, is this the case when a married couple holds property as joint tenants with the right of survivorship? In re MURIN, Debtor, 283 B.R. 588 (2002), the Bankruptcy Court addressed […]

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Increased Value of a Business: Separate Property or Community Property?

Posted on : August 8, 2016, By:  Christopher Hildebrand
Increased Value of a Business Separate Property or Community Property

Increased Value of a Business: Separate Property or Community Property? Under Arizona law, when community assets benefit one spouse’s separate property, the community can obtain reimbursement in a divorce. Does the same rule apply when the community ends because of one spouse’s death? What is the measure of reimbursement? In Guthrie v. Guthrie 242 P.2d […]

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Result of Commingling Community and Separate Property

Posted on : August 8, 2016, By:  Christopher Hildebrand
Result of Commingling Separate and Community Property

Result of Commingling Community and Separate Property Under Arizona law, when one spouse earns income from separate property, that income is usually considered separate property. However, if the spouse does not keep them separate from community funds, the court can treat them as community property. In Franklin v. Franklin 253 P.2d 337 (1953) the Arizona Supreme Court […]

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Changing Positions During a Divorce Trial

Posted on : August 8, 2016, By:  Christopher Hildebrand
Changing Positions During a Divorce Trial

Changing Positions During a Divorce Trial In Arizona, property acquired during a marriage is presumed to be community property. During a divorce, the judge divides a couple’s community property equitably between them. However, it is not always easy for the court to determine the value of community property. In Moser v. Moser 474 P.2d 869 […]

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