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A Spouse May Not Unilaterally Change Joint Property to Community Property

Posted on : September 12, 2016
A Spouse May Not Unilaterally Change Joint Property to Community Property
A Spouse May Not Unilaterally Change Joint Property to Community Property In Arizona, all property acquired by a couple after marriage is presumed to be community property. However, a couple can formally agree to hold real property as joint tenants. Can one spouse decide to reconvert the joint property to community property without the other […]

Disposition of Community Property in a Last Will and Testament

Posted on : September 9, 2016
Disposition of Community Property in a Last Will and Testament
Disposition of Community Property in a Last Will and Testament Under Arizona law, each spouse has a one-half share in the couple’s community property. One spouse cannot dispose of more than their share when they die. But does that rule apply on an item by item basis, or in the aggregate? Can one spouse leave […]

Community Property Interest in a Business Owned Prior to Marriage

Posted on : August 10, 2016
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 […]

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

Posted on : August 9, 2016
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 […]

Fraudulent Quit Claim Deed Is Ineffective in an Arizona Divorce

Posted on : August 9, 2016
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 […]