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A Spouse May Not Unilaterally Change Joint Property to Community Property

Posted on : September 12, 2016, By:  Christopher Hildebrand
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 […]

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Disposition of Community Property in a Last Will and Testament

Posted on : September 9, 2016, By:  Christopher Hildebrand
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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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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