In McClellon v. McClennon 464 P.2d 982 (1970) the Arizona Court of Appeals considered various property division issues, including effect of a failure to provide evidence of the value of property in an Arizona divorce. Facts...

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...

In McCune v. McCune, 586 P. 2d 651 (1978), the Court considered whether a Trial Court had followed its instructions. The case involved the valuation of a divorcing wife’s share of a business run by her husband. Facts of the...

You may be asking yourself am I liable for my spouse’s car accident or negligence? In Jones v Weaver, 123 F.2d 403 (9th Cir. 1941), the 9th Circuit Court of Appeals considered this question: Is a husband personally...

Arizona law allows the divorce court to address the financial and custody issues in a divorce. But can a court order a spouse to undertake a religious ceremony? In Victor v. Victor, 177 Ariz. 231, 866 P.2d 899 (1993) the...

Arizona law permits couples to enter into premarital agreements about their finances. An agreement is valid as long as both spouses entered into it voluntarily and with full disclosure. But, do valid prenuptial agreements...

The Validity of Premarital Agreements Arizona law, like that of most states, permits couples to enter into premarital agreements about their finances. In Arizona, an agreement is valid as long as both spouses enter into it...

In Majewski v. Eyre, 542 P.2d 1123 (1975), the Court of Appeals considered a wife’s liability for a debt. Mrs. Majewski and Mr. Majewski married in 1955 and divorced in 1972. In 1966, the wife and husband entered into two...

Earnings of either spouse during a marriage are community property in Arizona. However, any money earned or assets acquired before marriage by a spouse is the separate property of that spouse. An increase in the value of that...

In Arizona, property acquired by a married couple is presumed to be community property rather than property held as a tenancy in common. Is it possible for a married couple to acquire property as joint tenants with the right...