A Spouse May Not Unilaterally Change Joint Property to Community Property in Arizon
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 spouse’s consent? In Russo v. Russo, 298 P.2d 174 (Ariz. 1956), the Arizona Supreme Court addressed this question.
Facts of the Case
Husband and Wife were married and lived in Arizona. They held certain real property in joint tenancy. In their divorce action, the husband asked the trial court to partition this property. However, during the divorce, Wife tried to convert the property back to community property.
On the advice of counsel, she quit claimed the property to a third party who immediately conveyed it back to her. The court determined that this reconverted the property to community property. It awarded the property to Wife. Husband appealed.
A Spouse Only Owns 50% of Joint Tenancy Property
The wife testified that she and Husband agreed to change the property to joint tenancy. Then she claimed to re-convert it on her own. The Court noted that when spouses hold property as joint tenants, each owns his or her respective interest as separate property. The Court said it was “at a loss” to understand the trial court’s reasoning.
Obviously, the Court said, neither spouse can convey the other spouse’s separate real property. When Wife quitclaimed to the third party, all she conveyed was her 50% interest. She could not legally convey the Husband’s interest. It remained his separate property and the trial court cannot take it from him by calling it community property. The trial court should have partitioned this property.
The Arizona Supreme Court reversed the trial court ruling. It ordered the trial court to partition the real estate the parties held in joint tenancy. It also ordered it to re-examine the distribution of community property. If this ruling makes the prior division inequitable, the trial court must adjust the division of community property.
If you have questions about changing joint property to community property in an Arizona divorce case, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona community property and family law attorneys have over 100 years of combined experience successfully representing clients in community property disputes and family law cases.
Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.
Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your Arizona community property or family law case around today.
Other Articles About Community Property in Arizona
- Community Lien on Sole and Separate Property in Arizona
- Community Lien in Arizona
- Community Liens Separate Property in Arizona
- Community Property and Personal Guaranty in Arizona
- Determining Community Versus Sole Property in Arizona
- The difference Between Community and Separate Property in Arizona
- Disclaimer Deed in a Divorce in Arizona
- Divide Retirement Accounts in an Arizona Divorce
- Dividing Property Not Included in Divorce Decree in Arizona
- Division of Debt in an Arizona Divorce
- Do Rules Regarding Property Apply to Debts in an Arizona Divorce
- Enforce Division of Property and Debt in an Arizona Divorce
- Enforcing a Property Settlement Agreement in Arizona
- Filing a Lis Pendens in a Divorce in Arizona
- How is Property Divided in a Divorce in Arizona
- How to Divide Property in Arizona When a Spouse is Hiding Assets
- Is All Property Community Property in Arizona
- Is Arizona a 50 50 State in a Divorce
- Is Separate Property Divided in Arizona Divorce
- Marital Property Laws in Arizona
- Military Retirement Pay and Divorce in Arizona
- Pensions and Divorce in Arizona
- Separate Property Used to Purchase a Home During Marriage in Arizona
- Sole and Separate Property Divorce Arizona
- Is a Spouse Liable for Credit Card Debt in Arizona
- Stock Options Divided in an Arizona Divorce Case
- Stock Options in an Arizona Divorce
- Unequal Division of Property in Arizona Divorce
- Unfair Separation Agreement in Arizona
- Valuation and Distribution Options For Pensions in an Arizona Divorce
- What is Community Property in Arizona
- What is Separate Property in Arizona
Chris Hildebrand wrote the information on this page about unilaterally changing joint property to community property in Arizona to ensure everyone has access to information about family law in Arizona. Chris is a divorce and family law attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award. He believes the policies and procedures he uses to get his clients through a divorce should all be guided by the principles of honesty, integrity, and, quite frankly, actually caring about what his clients are going through in a divorce or family law case. In short, his practice is defined by the success of his clients. He also manages all of the other attorneys at his firm to make sure the outcomes in their clients’ cases are successful as well.
What’s Hot – blog