Proving Separate Property in an AZ Divorce | Hildebrand Law, PC

Posted on : September 20, 2017, By: Chris Hildebrand

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.

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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.

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The entire team at Hildebrand Law was excellent in every aspect of my custody... case. Kent Millward and Karla Spaulding-Huft were fantastic. Everyone was extremely helpful and professional throughout the entire process. Their preparation and dedication to my case helped ensure a winning ruling. I have and will continue to refer anyone going through a challenging situation to speak with Chris and his team.read more

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Their level of knowledge and expertise inspired confidence from the initial... consultation, where they clearly outlined the possibilities along with the potential costs of each.Both Carlos Noel, our attorney and his para-legal, Lindsey Duran, were available to answer questions and guide us through the process. Their attention and care greatly increased our comfort level, as everything had to be done virtually, due to COVID-19.Communications with the other side were strategic and effective, undoubtedly saving both time and money.We were very pleased with the final outcome and would not hesitate to use the firm again or recommend them to others. They know their stuff and get it done!Z. Beck & M. Beck-Harbortread more

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Chris Hildebrand is an experienced and knowledgeable attorney who does well... both in and out of the courtroom. My experience with Chris is that he's a strong advocate for his clients and a knowledgeable attorney. I never hesitate to recommend him for any legal matter.read more

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I hired Michael Clancy just when I was about to give up on an existing... post-decree case which I started with a different attorney over a year ago. Michael is knowledgeable, upfront and personable; he gave me the confidence to continue and settle my post decree case. I knew he was secure, capable and could handle my case and represent me well. He did everything he could to ensure a great outcome for the modification of my current court orders to help my son have a more stable mental, social and physical well-being, which to me is priceless! I would highly recommend him to anyone who wants to be in the best possible hands during one of the most stressful events that could happen to any parent that wants the best for their child/children. Thank you Michael for fighting for my son's safety!! Also, his paralegal, Alison, was awesome and very helpful!read more

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I first should comment on how I found this law firm. I am an attorney myself,... though never licensed in Arizona. I moved to Arizona to rejoin my wife and son, who had moved out to Arizona ahead of me. Things soured. I don't know why, but they did.There was a particular issue for me with inherited property. I did some basic Internet research, and Hildebrand's name kept coming up as the author of scholarly articles on the issue concerning me. I asked that Hildebrand be assigned to my case. This was not possible, but his second in command, Mr. Micuda, took over, and Mr. Micuda knows his business.The initial scheduled 1 hour meeting ran for an hour and 45 minutes, and facts, law, and strategy were fully discussed. Throughout the case, everything was explained to me clearly, both verbally and in writing.Proceedings went forward without delay. Because I had selected one of the most prominent Domestic Relations firms in town, there was no serious opposition. This ended up being an essentially co-operative divorce between the two sides, the reasoning being to conserve assets rather than enrich lawyers.Through a series of 3 or 4 payments, I put up about $10,000 for fees and costs. I found the Hildebrand law firm's billings to be fair. They billed for work done; no padding. I am getting about 25% of what I paid in back, as a refund.The matter was done in about 6 months: divorce, agreed property settlement, agreed support provisions as to my son. My matters were handled by an attorney and paralegal team, and handled efficiently.Mine was not a "big" case in terms of its economic value to anyone, but I did not feel like a second or third class citizen; I was treated with the same respect, even though the dispute was over a condo, as opposed to, say, a Scottsdale mansion with land.This may sound strange, but i was actually somewhat sorry that the matter had to come to a conclusion. I felt that I had been treated like a friend, not just an anonymous customer. Being a practical man, I realize it's down to sending a Christmas or other seasonal card.As I said at the outset, I found this place by dint of my own research. I feel I am a lucky man that I did.read more

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Choosing the right law firm and personal attorney was one of the most important... decisions I made during one of the most challenging times in my life. Prior to meeting with Mr. Micuda at Hildebrand Law, I had never required legal services. I was naive about the process and I was incredibly stressed about the potential risks and challenges I was facing.From the very start, Hildebrand Law and Mr. Micuda helped me to understand the process and to feel as comfortable as possible; they were attentive to the emotional and legal aspects of my situation. Mr. Micuda effectively communicated with me all along the way, making sure that decisions were made together and that I was comfortable with the legal approach we took. At every twist and turn, I was given more information and more options. There were times when I wanted to be very involved and there were times that I needed Hildebrand Law to handle things for me. They were able to accommodate both situations effectively.Mr. Micuda was professional and very skilled. He communicated clearly and effectively. Throughout the process, it was evident that, compared to the other side, my attorney was more professional, better prepared, and more qualified to get the job done right. The process was expensive, but I didn't feel that I was being unfairly billed - I received what I paid for: great service and a competent legal strategy that helped me realize my goals. I would definitely look to Hildebrand Law again if I needed legal counsel and/or representation.read more

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I retained Kip Micuda for representation during my divorce and would... wholeheartedly recommend him to anyone that's going through the stress and daunting reality that ensues. He was able to explain the process and put my mind at ease, that is as best as possible, so that I could focus more on my day-to-day tasks of fatherhood and financial provider. Kip is not another pompous lawyer but more of a seasoned advocate that can navigate you out of the mess we refer to as marriage. You were right Kip. It does get better!read more

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I retained Chris as my lawyer back in 2006 to settle my divorce. I felt like I... was well represented and that my case was more than just a job. Divorce/child custody is a very unpleasant time in one's life and to have someone like Chris Hildebrand guide you through the process is a huge relief!read more

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I cannot express enough how thankful I am that I found Hildrebrand Law. Chris... Hildebrand is an excellent attorney who has my best interests in mind and always encourages me to do the right thing regardless of what the opposing party is doing. Chris knows family law very well and relies on that knowledge to format options and solutions for each situation that may arise. He knows what the Court expects and what will and will not be tolerated. He has attempted to settle this case quickly and as inexpensively as possible from the start. His paralegal, Laura, is remarkable. She is organized, quick to respond, and compassionate. Chris is well prepared with a binder full of detailed and organized information and that is likely due to her thorough skills and expertise. While getting a divorce that was unexpected is a painful and difficult process, Chris and Laura treat my family and I like friends rather than another just "client." I am hopeful that I do not need to recommend divorce lawyers to anyone in the future but if I do, Hildebrand Law will be a recommendation I would give hands down.read more

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Terri H.

17:00 01 Nov 13

When I originally took care of my divorce I did it on my own. Well, that... wasn't the best choice; as I found myself years later needing to correct agreements I made to protect my son's best interest. After a year of attempting to battle my circumstances from another state, I found Hildebrand Law and Kip Micuda. From the start Kip saw the importance and urgency to help me. My case was not in the jurisdiction of the law firm but Kip met with his partner Chris Hildebrand and they agreed to take my case. From there, Kip and the firm worked diligently and tenaciously on my behalf despite the multiple obstacles that continued to arise. Not only did they push through those obstacles, Kip was also there for me during emotional distress, reassuring me that we would get through it. In the end, we conquered those obstacles and set up a better situation for my son; of which I am deeply grateful. It doesn't end there. My case weighed very heavy on my finances and through my entire case the Firm was very generous with their time, costs and continually worked with me. I couldn't be happier with the results and the care and generiosity I was shown. Thank you Hildebrand Law! You are the best!read more

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Proving Separate Property in an AZ Divorce | Hildebrand Law, PC

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