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Combining Community and Separate Property in AZ | Hildebrand Law

Item: Hildebrand Law, PC
Rating: 5
Author: Chris Hildebrand

Posted on : August 8, 2016, By: Chris Hildebrand

Result of Commingling Separate and Community Property

Result of Commingling Community and Separate Property in Arizona

Under Arizona law, when one spouse earns income from separate property, that income is usually considered separate property. However, if the spouse does not keep them separate from community funds, the court can treat them as community property.

In Franklin v. Franklin 253 P.2d 337 (1953) the Arizona Supreme Court addressed this issue.

Facts of the Case

Mrs. Franklin and Mr. Franklin married in 1917. Fred worked on the railroad and his wife had separate funds from an inheritance. However, she did not keep these funds separate and apart from community funds.

During the marriage, the couple bought a house in Tucson from the wife’s father and paid for it with her inheritance. Mr. Franklin signed a quitclaim on it in favor of Mrs. Franklin. She received about $14,000 in rents from it during the marriage but commingled the amounts with community funds.

Hildebrand Law, PC | Voted Best of Our Valley in Arizona Foothills Magazine.

The couple used community funds to buy a building in Gila Bend (worth $500) and property on Fort Lowell Road. They improved both of these properties during the marriage.

In the divorce, the court awarded the Tucson house to Mrs. Franklin as her separate property. It gave each spouse a 50% interest in the Fort Lowell Road property. It gave the Gila Bend property to Mr. Franklin. It awarded wife a promissory note given by her sister when the couple lent her money. From this property division, wife appeals.

Status of Income from Separate Property

In Arizona, income earned from the separate rental property of one spouse is usually separate property. However, sometimes the spouse mixes the separate funds with community funds. If the funds are so mixed that it’s impossible to segregate them, the court treats all as community funds.

Here, wife made no attempt to segregate or keep track of her separate funds. The husband worked or received disability pay during the entire marriage and Mrs. Franklin intermixed their funds. Therefore, the trial court was correct in treating the Gila Bend and the Fort Lowell Road property as community property.

Combining Community and Separate Property in Arizona.

Alimony and Grandchild Support

The trial court denied Bernice’s request for alimony. The Supreme Court said that this was within its discretion since she had income from the Tucson property.

The trial court also denied the wife’s request for support for the couple’s grandchild. They had been taking care of the child as its de facto parents. However, the child’s father was alive and could take care of the child financially.

Disposition

The Arizona Supreme Court affirmed the trial court decision.

If you need information about what happens when you combine community property with separate property in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona divorce attorneys have over 100 years of combined experience successfully representing clients in divorce cases in Arizona.

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 divorce case around today.

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Hildebrand Law, PC

4.3

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16:50 18 Sep 20

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14:17 03 Oct 19

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20:54 24 Jul 19

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!

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21:15 12 Apr 19

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13:11 05 Apr 19

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23:23 22 Jan 19

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Richard Sipan

23:51 18 Oct 18

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.

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22:53 26 Jul 18

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17:19 28 Jun 18

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17:15 13 Jun 18

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21:20 02 Apr 18

I retained Hildebrand Law after interview a number of firms in the valley. Working with Michael C. was incredibly easy and informative. My case progressed in such a organized and thought out way to ensure that my needs were met. Michael was incredibly proactive and was able to see far ahead into my case to steer clear of some roadblocks. I would not hesitate to recommend Michael Clancy, and Hildebrand Law in general, to anyone.

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21:53 27 Feb 18

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A Google User

16:03 22 Nov 17

Dear Stacey and Kip, How can I ever thank you enough for helping me through the most difficult time in my life? I couldn't put into words my heartfelt gratefulness. You both were so compassionate and professional at every given moment throughout this process with me. I thank you from the bottom of my heart. You helped me to regain my freedom.

A Google User

21:41 07 Nov 17

I just want to again thank the Firm for working with me all that it has. I could not have done anything without everyone's assistance. You, Chris and Stacey have been and continue to provide me with compassion and hard work towards my case. Also a very special thanks to Kip for taking my case in the beginning. Also continued support from him and his dedication to providing me with his expertise in this matter.

A Google User

18:16 18 Sep 17

Chris is a smart and aggressive attorney for his clients. Chris always tries to reach a fair settlement of his cases. I’ve represented clients when Chris was the opposing counsel and while he is professional and amicable to work with, he does not back off on what he needs to do for his client

Lindsay Donoian

06:53 27 Sep 14

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.

Sam Franchimone

22:09 12 Sep 13

Despite the unfortunate situation I found myself in, Chris Hildebrand @ Hildebrand Law helped me maneuver every step with professionalism, expertise, and even a sensitivity that was an added bonus. Chris and his staff helped me even when I didn't know I needed the help. In other words. . . they made sure we did not leave anything undone. And in the rare instance we needed the expertise of another professional, Chris knew exactly who to recommend. Chris also knew, because of his experience, what to anticipate down the road of litigation. That meant we were better prepared to meet the challenges head on, which lead to a more equitable and fair outcome. I appreciated that Chris did his best to meet my every need in a timely fashion, even if I had a simple question that required only a phone call or e-mail or if we needed to talk face-to-face. I highly recommend Chris Hildebrand @ Hildebrand Law, PC.

Next Reviews

Combining Community and Separate Property in AZ | Hildebrand Law

Result of Commingling Community and Separate Property in Arizona

Facts of the Case

Status of Income from Separate Property

Alimony and Grandchild Support

Disposition

Other Articles About Community Property in Arizona

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