Category : Property Division

Implementing Reverse Mortgages in Mature Divorce

Arizona Divorce, Property Division

When a mature couple files for divorce their Arizona marital home is often mortgage-free, a valuable asset that must be divided. Along with deciding which spouse shall remain in the home (assuming the property is not sold as part of the divorce and the proceeds divided), an important consideration is the availability of a reverse […]

ASRS Lacked Authority to Limit Former Spouse’s QDRO Preserved Survivor Benefit

Arizona Divorce, Property Division

Former wife’s rights to survivor benefits of retired former husband were preserved by a valid QDRO and Arizona State Retirement System had no statutory authority to limit her rights as a contingent annuitant. Sharon DiGiacinto v. Arizona State Retirement System Arizona Divorce Decree with Domestic Relations Order The spouses were married in 1983. In 2003, […]

LLC Operating Agreement with Arbitration Was Postnuptial Agreement

Arizona Divorce, Property Division

In this consolidated divorce action, an LLC operating agreement with an arbitration provision was found to be a postnuptial agreement affecting a spouse’s separate property. The after-marriage property transactions that took place in this case involved a limited liability company, two irrevocable trusts, and one revocable trust. Valer C. Austin v. Josiah T. Austin The […]

Husband’s Petition to Enforce Property Division in Arizona Divorce Not Time Barred

Property Division

Former spouse’s petition to enforce the property division in the divorce decree was not time-barred by statute of limitations under ARS § 12-1551 in this Arizona case summary. Lauren M. Jensen v. Peter D.J. Beirne Division of Community Property in Arizona Divorce The court entered the parties’ divorce decree in June 2005. As part of […]

Husband’s Gun Collection Divided in Arizona Divorce

Property Division

Division of gun collection as separate and community property upon divorce affirmed in Arizona case summary. Jacqueline Foster v. Charles Sidney Foster Husband Collected Guns During the Marriage Married in 1957, the spouses raised three children, including a daughter named Missy. Husband was a gun collector who bought and sold guns, and who also inherited […]

Dividing Family Pets As Property in Arizona Divorce

Articles, Property Division

In every divorce, there will be some emotionally challenging decisions. One of those decisions revolves around determining the future of the family’s pets. With children, negotiating a parenting plan naturally gives rise to questions about living arrangements for the family dog, cat, horse, bird, rabbit, or hamster. Even where there are no minor children, the […]