Cited by

of Maricopa, ¶ 16 (App. 2020) (sale and division of proceeds); –54, ¶¶ 14–21 (App. 2009) (equitable lien).

Husband 2 modified Drahos to account for the post-marriage appreciation on a spouse’s separate property.

Burger acknowledged that Waldren was entitled to an equitable lien of $39,512.55, plus reimbursement for his $3,000 down payment contribution.

Arizona courts have regularly used the Drahos formula, which accounts for that community contribution and allocates a percentage of the appreciation in value of the separate property to the community based on its contribution.

and the formula may also be called the Drahos/Barnett formula.

When the community’s assets are “used to make mortgage payments on [the sole and separate] property [of one spouse], the community is entitled to some form of compensation and has an equitable lien against the property.” -54, ¶ 14 (App. 2009).

More specifically, (the “Drahos/Barnett formula”), is an appropriate method of establishing the community’s equitable lien on a spouse’s separate property, providing for a fair division of the separate property’s increase in value proportionate to the amount the community contributed to the property.

¶ 21 (App. 2009); see also Saba, 481 P.3d at 1170, ¶ 6.

See Lawson, 72 Ariz. at 261; ¶ 15 (App. 2009).

s. ¶19 First, Husband argues the court erred by failing to account for the alleged appreciation of the Rudi Lane Property during the marriage as 7 MENGHINI v. MENGHINI Decision of the Court required by this court’s

at 481 ¶ 12; –54 ¶ 14 (App. 2009).

See, ¶ 21 , (remanding to the family court with instructions to value an equitable lien); ¶ 12 , (same); , (same).