Valladee v. Valladee is an excellent example of the difficulty posed to the courts when attempting to provide an equitable division of marital assets. This appeal and cross-appeal resulted from a decree that provided for the division of a number of tracts of jointly held real property. The property was jointly held between the appellant-cross appellee (wife) and the appellee-cross appellant (husband). To understand the nature of both the trial court and the appellate court’s decisions, it is necessary to start at the beginning to obtain the necessary facts.
The Facts of the Case: Valladee v. Valladee
The marriage of the parties involved took place in Utah in 1966. During the marriage, the couple moved to Arizona where they resided at the time…show more content… This can only be rebutted through clear and convincing evidence to the contrary. (See Becchelli v. Becchelli, 109 Ariz. 229, 508 P.2d 59 (1973); Battiste v. Battiste, 135 Ariz. 470, 662 P.2d 145 (App. 1983); Sloane v. Sloane, 132 Ariz. 414,646 P.2d 299 (App. 1982). After the fact testimony by one or the other of the parties involved does not constitute “clear and convincing evidence” that the placement of the properties in joint tenancy was not intended as a gift. (See Sloane, supra. In Sloane, quoting Machado v. Machado, 58 Cal.2d 501,25 Cal. Rptr. 87, 90, 375 P.2d 55, 58 (1962). The Court of Appeals of Arizona found that the trial court acted well within its discretion when determining that the placement of the properties in joint tenancy by the husband constituted making a gift.
The Court of Appeals of Arizona did find, however, that the trial court abused its discretion with the unequal distribution of the jointly held assets as a means of reimbursing the husband for his initial investment when purchasing the…show more content… This is typically interpreted to mean a substantially equal division except in cases where reason exists to deviate from the norm. Thus the appeals court found that the trial court abused its discretion when they ordered the unequal division of the jointly held property. The jointly held property is to be divided equally by law similar to community property, but this does not eliminate the difference between community property and jointly held property. Arizona has a number of precedents for recognizing that the general rules of joint tenancy should apply between spouses. Collier, supra; In re Berger, supra; Bowart v. Bowart, 128 Ariz. 331, 625 P.2d 920 (App. 1980); Graham v. Allen, 11 Ariz. App. 207, 463 P.2d 102 (1970). General joint tenancy rules allow cotenants to contribute for the benefit of the common property, but before a tenant can claim this right there must exist a common obligation or liability among joint tenants at the point in time when the expenditure occurred. See Ocean Accident & Guarantee Corp. v. United States Fidelity & Guaranty Co., 63 Ariz. 352, 162 P.2d 609(1945); King v. King, 163 Or. 84, 95 P.2d 66 (1939); 20 Am.Jur.2d, Cotenancy and Joint Ownership, § 59 (1965); see also, 18 Am.Jur.2d, Contribution, § 9 (1985). The court questions whether such a common obligation or liability existed between the parties in this instance at the time
