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Unequal Division of Property in an AZ Divorce | Hildebrand Law, PC

Posted on : June 3, 2016, By:  Christopher Hildebrand
Unequal Division of Marital Property in an Arizona Divorce

Unequal Division of Property in an Arizona Divorce

Schwartz v. Schwartz | The Arizona Supreme Court Ruling

In Arizona, each spouse is a co-owner of all property earned by the other spouse during marriage. However, one spouse may gift the other his interest in community property, making it the separate property of the other. During a dissolution of marriage case, the trial court must divide the community property between the spouses equitably. In Schwartz v. Schwartz, 52 Ariz. 105, 79 P.2d 501, 116 A.L.R. 633, (1938), the question before the Arizona Supreme Court was whether the lower court’s division of property was fair and equitable, given all the circumstances of the case.

Facts of the Case

Unequal Division of Marital Property in an Arizona Divorce.

Unequal Division of Marital Property in an Arizona Divorce.

William and Harriet Schwartz were married in 1918 and divorced in 1936. By 1930, the couple’s relationship was so strained that William – an Arizona surgeon — moved out of the house, providing Harriet and their daughter money each month to live on. He also signed over the home into Harriet’s name. In 1931, William started a trust for his daughter, using $47,208 of community property and $10,000 in inherited property belonging separately to Harriet.

In the divorce, the judge treated the $47,208 of trust assets as community property, and awarded it to Harriet, together with the value of the house, some $15,000. William was awarded the $72,875 in earnings that he had at the time of the divorce.

William was ordered to pay spousal support of $100 per month and child support of $200 per month. Harriet appealed, claiming that the trust monies had been given to her already, so they were her separate property. She argues that the trial court should have awarded her half of the remainder of the community property.

Trust as Community Property

The trial court determined that the trust was not the separate property of Harriet, even though she held beneficial title to it. The Supreme Court reviewed its reasoning. The only evidence about why the trust was made was the testimony of William. He said he did it to ease his wife’s mind that he would not leave her and their child without support. His intention was for her to have the income from it, not the assets themselves. Given this, the Supreme Court ruled that the assets in the trust did not become Harriet’s separate property. They remained community property and were properly awarded during the division of community property.

Trial Court’s Division of Marital Property

The Arizona Supreme Court reviewed the ultimate property division in the case and determined that it was equitable and that the lower court did not abuse its discretion in dividing it as it did. It noted that if Harriet was to have the trust assets and house as her own and awarded half of the remaining community property, she would have ended up with three-quarters of the community property rather than half.

Scottsdale Arizona Divorce Attorney.

Scottsdale Arizona Divorce Attorney.

Chris Hildebrand wrote this article 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.

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