Legal Question in Family Law in Arizona
community property and husband's trust fund
My husband had a trust fund that he used to fund the construction of our new house and is now claiming that he be paid back all of the money. Both of our names are on the title. Do I have any rights to recieve half of the proceeds? The house is currently in escrow. I have delayed signing the escrow documents hoping to come to an agreement about the community property.
1 Answer from Attorneys
Re: community property and husband's trust fund
Husband's "gifting" of separate funds into a community asset changes the nature of the gifted funds, thus he would not be able to seek those monies back. However, the presumption that he "gifted" them is rebuttable, IF Husband can prove by clear and convincing evidence that he did not intend to gift such to you. That would be a difficult task in my experience. Thus, I like your chances better than his.
I can explain the procedures better by phone or in person. There is too much to cover via e'mail (and I am not the greatest typist). We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.
Please call me directly to discuss the specifics of your case, or contact my assistant Cathy to schedule a free 1/2 hour consultation. I look forward to talking with you.
/s/ Rich J. Peters, Attorney
JON C. DAKE & ASSOC., P.C.
1422 N. 2nd Street, Suite 100
Phoenix, Arizona 85004
602.254.7251
602.254-1229 (facsimile)
see our web page at www.familylawaz.com
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