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Selling a House During a Divorce in Arizona | Voted “Best of the Valley”

Posted on : February 9, 2016, By:  Christopher Hildebrand
Selling a House During a Divorce in Arizona

Selling a House During a Divorce in Arizona

Selling a House During a Divorce in Arizona.

Selling a House During a Divorce in Arizona.

Arizona divorce courts often issue orders preventing a spouse from disposing of any assets of the community while the divorce is pending. The court’s divorce order divides the property between the spouses. In Saxon v. Riddel, 493 P.2d 127 (Ariz. Ct. App. 1972), the Court of Appeals considered whether a divorce court had the authority to order a spouse to sell her interest in real property before the final divorce decree. Dorothy Saxon and I. Saxon were married and lived in Arizona. In 1971, Dorothy filed an action for divorce against her husband. The final divorce trial was set for a date in 1972, and the court issued an order preventing Dorothy’s husband from selling or giving away any of the couple’s assets. Dorothy, her husband, and his father all had interests in a mobile home park. A company called Mobile Home Communities made an offer for the park that Dorothy’s husband and his father considered advantageous, but Dorothy refused to sign off on the sale. Dorothy’s husband asked the divorce judge to order Dorothy to sign. When the court entered this order, Dorothy appealed.

Jennifer, thank you for being my attorney. I could not have been more pleased with the outcome of my family court hearing. Everything you have done for me throughout this case reflects in the final ruling of the judge. You helped me keep my head together and taught me a lot about myself as a person. I learned so much about my life from observing and listening to you. I will take all the advice you gave me to continue taking responsibility for my choices, continue to put the kids' needs first, and always stay truthful. Your diligence, dedication, and persistence in my case made what seemed impossible, possible. You are a wonderful person and an amazing attorney and I am stronger and more confident because of you.
A Google User
A Google User
20:31 20 Sep 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
A Google User
21:41 07 Nov 17
After interviewing several law firms, I came across Jennifer Shick, and her firm, who I hired to represent me for my Family Court case. Jennifer has extensive knowledge of the law and is determined to bring the truth to every issue involved within the case. Throughout my case, Jennifer was prepared meticulously as well as went above and beyond all of my expectations. Even when the other party tried to differ from the truth, lie to the Judge, and turn situations around, Jennifer remained attentive and provided substantial evidence to show the judge the facts as well as the proof to support what was the best interests of my children. Additionally, Jennifer helped me endure many difficult experiences, situations and inspired me to remain positive throughout the entirety of my case. Her kindness, compassion, and professionalism helped me through very difficult times and made the process feel a thousand times lighter on my shoulders. She truly has my children and my best interest at heart and I trust her perspective as well as her honesty on each and every aspect of my case. She lessened the burden on my shoulders and even when I felt like the case was not going to go in my favor, Jennifer was open-minded and reassured me that the Judge would, in fact, see the truth, which he did and the case went in my favor. After nine months of court, everything finally came together. I cannot declare how much Jennifer has been an outstanding attorney. She addressed each and every issue with diligence, she cares about her clients and their families. Jennifer genuinely cares about her clients and her dedication to the details of the case was remarkable. Overall, I am extremely pleased with Jennifer’s services and I am truly thankful that I was so blessed to have her represent my children and me. I highly recommend Jennifer as one of the best attorneys in Arizona and if the situation ever arises, I will definitely have her represent my children and me again.
Google User
Google User
14:58 04 Oct 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
A Google User
16:03 22 Nov 17
I was a client of Attorney Kevin Park for the dissolution of a divorce in 2016. And since I had never had the need to hire an attorney before for any purpose, I was somewhat apprehensive of the process. But the very calm and professional demeanor of Mr. Park eased my fears. He adeptly answered all my questions and I clearly knew the process and what to expect. And the skilled manner he communicated with opposing counsel was perfect. When it came down to negotiating with my spouse’s counsel, I knew I had selected the best attorney for my situation. What I noticed and appreciated was that he was using just the right amount of pressure with opposing counsel as was necessary. If you find yourself in this situation, you will want a seasoned professional like Mr. Park on your side. I'm very grateful that he was my attorney and not the opposition!
A Google User
A Google User
22:14 28 Jun 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
A Google User
A Google User
18:16 18 Sep 17
Kevin Park of Arizona Estate Planning Attorneys was just what I needed for my divorce. He was very approachable and personable. He was quick to recognize what I needed and provided it quickly and efficiently. I hope to never need a divorce lawyer again, but if I know anyone else who does, I will definitely recommend Kevin.
A Google User
A Google User
19:22 23 Aug 17
I feel that Tracey Van Wickler is certainly one of the best family lawyers around. She is logical, intelligent, and truly cares. Tracey always does what is in the clients best interest, does it well, timely and with integrity. She is good at keeping her clients informed as to what is going on and clear in her communication both written and verbally. I have recommended Tracey to other people and will continue to recommend her. I recommended Tracey to someone who was having issues with their ex-wife and his response was, “I know how good she is because I went up against her and she ate me for lunch”. This same person was so impressed with her, he even recommended her to someone else, WOW, that is impressive! I am exceptionally happy with her attention to detail, her ability to explain things in ways that are easy to understand, as well as her ability to keep everyone focused on the most important things. I would recommend Tracey to anyone who may be in need of her services.
A Google User
A Google User
17:44 23 Jun 16
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.
Bassam Ziadeh
Bassam Ziadeh
21:20 02 Apr 18
I have worked with Hildebrand law for about 8 years. They are always ready to serve, provide guidance and give you a few options. When they provide you options they also take the time to walk you through the pros and cons of each and give you a recommendation of what is best, but will listen to you and support whatever course you choose after making and educated choice. I’d recommend them to my closest friends and feel Chris Hildebrand is now a friend to me.
Larry Flint
Larry Flint
21:53 27 Feb 18
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.
Sam Franchimone
Sam Franchimone
22:09 12 Sep 13

Dorothy argued that the divorce court did not have jurisdiction to order a party to sell property in which she had an interest before the entry of the divorce decree. The Court of Appeals first reviewed the rights of a co-owner of property in Arizona to force the sale of the property against the wishes of another co-owner. At common law, the only way one co-owner could do this was by bringing an action for partition. The Court noted that the fact that the co-owners are married does not change this rule in Arizona. The state removed all of the common law limitations that applied to a married woman’s selling her property. Therefore, in Arizona, a husband does not have any greater right to convey his wife’s interest in real property than he would have if the couple were not married.

Forcing the Sale of a Home During a Divorce in Arizona

Next, the Court considered whether a pending divorce between the co-owners enlarges the right of one co-owner to force a sale. The Court discussed A.R.S. § 25-318, that allows a judge to order the sale of the property as part of a divorce decree. Since the judge in the Saxon case was not entering a divorce judgment when it ordered the sale, the Court found that this section was not applicable. It then considered A.R.S. § 25-315. This statute provides: “The court may make temporary orders respecting the property of the parties or the custody of the children of the parties, as may be necessary.” The Court found that, under this statute, a divorce court could only “make temporary orders respecting the property” when it was necessary to preserve the couple’s interest in the property. For example, it could order the property sold if the community was about to lose it to foreclosure. The Court noted that this was the interpretation given the statute by the courts of Texas, which is the source of the Arizona law.

The Court found that that was not the situation in the Saxon case. It said, “there was absolutely no evidence to show that the real property involved needed to be sold to preserve any equities therein, or that it was in any danger of being materially injured, lost, removed, dissipated or wasted.” Since no statute authorized the divorce court to order Dorothy to sell her interest in the property during the divorce case, the Court reversed the order compelling the sale of the property.  It should be noted the court may order the sale of the property when a final Decree of Dissolution of Marriage is issued by the court.

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