Proving Property is Sole and Separate Property in an Arizona Divorce
In the case of Foster vs. Foster, the husband filed an appeal of the trial court’s division of guns in an Arizona divorce. The court awarded some of the guns to the husband as his sole and separate property but divided other firearms as community property. The husband asserted that guns the court divided as community property were his separate property.
The trial judge presumed guns acquired during the marriage were community property. The trial court placed the burden of proof on the husband to prove the guns were his separate property by clear and convincing evidence. The husband asserts that the burden of proof should not apply to the property defined as separate property by the statue.
Arizona statutes define property acquired by gift, devise, or descent as separate property. The Arizona Court of Appeals found that prior cases did not address the burden of proof to establish that property was acquired as separate property.
The Arizona Court of Appeals upheld the trial court’s application of a clear and convincing burden of proof. The spouse claiming a piece of property is his or her sole and separate property, therefore, has to prove so by clear and convincing evidence; otherwise the presumption that property acquired during a marriage is community property applies.
A party does not meet that burden of proof by providing testimony the property was owned before marriage or received as a gift or inheritance.
If you have questions about proving separate 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 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.
More Articles About Arizona Community Property Laws
- 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
[arve url=”https://vimeo.com/148734645″ thumbnail=”4031″ title=”Proving Separate Property in an Arizona Divorce.” description=”Learn About Proving Separate Property in an Arizona Divorce from Our Arizona Licensed Attorney Chris Hildebrand of Hildebrand Law, PC.” upload_date=”2019-01-31″ duration=”1M6S” maxwidth=”640″ /]
Chris Hildebrand wrote the information on this page about proving separate property in a divorce 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.
SCHEDULE YOUR CONSULTATION TODAY!PLEASE COMPLETE OUR NEW CLIENT INTAKE FORM TO SCHEDULE YOUR CONSULTATION TODAY!
As Seen on CBS News, ABC News, NBC News, and Fox News