Cited by
Opinions in Arizona that cite Jurek v. Jurek, 606 P.2d 812.
- Barbara Sowards v. Tommy Sowards Ariz. 2023
- Barbara Sowards v. Tommy Sowards Ariz. 2023
- Labarge v. Abdullahi Ariz. Ct. App. Div. 1 2023
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Labarge v. Abdullahi
Ariz. Ct. App. Div. 1 2023
Notably, on which Hefner relied.
- Schuler v. Sharma Ariz. Ct. App. Div. 1 2021
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Schuler v. Sharma
Ariz. Ct. App. Div. 1 2021
(holding that compensation for personal injuries to a spouse are separate property, but compensation for medical expenses and lost wages are community property).
- Hefner v. Hefner 456 P.3d 20 Ariz. Ct. App. Div. 1 2019
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Hefner v. Hefner
456 P.3d 20
Ariz. Ct. App. Div. 1 2019
¶7 The superior court held that all of Husband’s injury awards were community assets because he had “not sustained his burden as to proving what portion of the [injury settlements] should be considered sole and separate property.” Wife concedes that “damages for pain and suffering belong to the injured spouse as his or her separate property,”
- Helland v. Helland 337 P.3d 562 Ariz. Ct. App. Div. 1 2014
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Helland v. Helland
337 P.3d 562
Ariz. Ct. App. Div. 1 2014
However, the Arizona Supreme Court has rejected a narrow construction of the word “acquired” and stated it must be applied “in the light of the uses and purposes of community property and the establishment of community right.”
- Davies v. Beres 233 P.3d 1139 Ariz. Ct. App. Div. 1 2010
- Davies v. Beres 233 P.3d 1139 Ariz. Ct. App. Div. 1 2010
- Gersten v. Gersten 219 P.3d 309 Ariz. Ct. App. Div. 1 2009
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Gersten v. Gersten
219 P.3d 309
Ariz. Ct. App. Div. 1 2009
(holding husband’s compensation for personal injuries belong to him as separate property although compensation for medical expenses and lost wages is community property).
- Ritchie v. Krasner 211 P.3d 1272 Ariz. Ct. App. Div. 1 2009
- Ritchie v. Krasner 211 P.3d 1272 Ariz. Ct. App. Div. 1 2009
- Phelps v. Firebird Raceway, Inc. 111 P.3d 1003 Ariz. 2005
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Phelps v. Firebird Raceway, Inc.
111 P.3d 1003
Ariz. 2005
This includes not alone the right to determine the facts, but to apply or not, as the jury sees fit, the law of contributory negligence as a defense.”) (citations omitted) (emphasis added), , see also Estate of Reinen, 198 Ariz. at 288, ¶ 18 , 9 P.3d at 319 (“A jury ‘is free to find in favor of the plaintiff even though the court ordinarily would find as a matter of law that the plaintiff ...
- Gunnell v. Arizona Public Service Co. 46 P.3d 399 Ariz. 2002
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Gunnell v. Arizona Public Service Co.
46 P.3d 399
Ariz. 2002
II, 188 Ariz. at 260, 934 P.2d at 1352; (art. XVIII, § 5 gives a jury not only “the right to determine the facts, but to apply or not, as the jury sees fit, the law of contributory negligence 11 as a defense.”), P.2d 812 (1980).
- Estate of Reinen v. Northern Arizona Orthopedics, Ltd. 9 P.3d 314 Ariz. 2000
- Estate of Reinen v. Northern Arizona Orthopedics, Ltd. 9 P.3d 314 Ariz. 2000
- American Express Travel Related Services Co. v. Parmeter 925 P.2d 1369 Ariz. Ct. App. Div. 2 1996
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American Express Travel Related Services Co. v. Parmeter
925 P.2d 1369
Ariz. Ct. App. Div. 2 1996
Relying primarily on § 25-211 , First Data contends that because Mr. Par-meter recovered the attorney’s fee award during marriage and because it was not acquired by “gift, devise or descent,” it is community property.
- Hatcher v. Hatcher 933 P.2d 1222 Ariz. Ct. App. Div. 1 1996
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Hatcher v. Hatcher
933 P.2d 1222
Ariz. Ct. App. Div. 1 1996
for his assertion that the disability benefits received for his personal injuries were separate property.
- McNeel v. McNeel 818 P.2d 198 Ariz. Ct. App. Div. 2 1991
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McNeel v. McNeel
818 P.2d 198
Ariz. Ct. App. Div. 2 1991
C.f., , , (1980) (compensation for injuries to personal well-being is separate property).
- Lynch v. Lynch 791 P.2d 653 Ariz. Ct. App. Div. 1 1990
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Lynch v. Lynch
791 P.2d 653
Ariz. Ct. App. Div. 1 1990
§ 25-211; , Flowers v. Flowers, 118 Ariz. at 580 , 578 P.2d at 1009 .
- In Re the Marriage of Cupp 730 P.2d 870 Ariz. Ct. App. Div. 1 1986
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In Re the Marriage of Cupp
730 P.2d 870
Ariz. Ct. App. Div. 1 1986
Bugh v. Bugh, 125 Ariz. at 192 , 608 P.2d at 331 ( , ).
- Martin v. Martin 752 P.2d 1026 Ariz. Ct. App. Div. 1 1986
- Martin v. Martin 752 P.2d 1026 Ariz. Ct. App. Div. 1 1986
- Koelsch v. Koelsch 713 P.2d 1234 Ariz. 1986
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Koelsch v. Koelsch
713 P.2d 1234
Ariz. 1986
we held that recoveries for personal injuries were separate property since a spouse brings the right to personal security into the marriage.
- Dombey v. Phoenix Newspapers, Inc. 708 P.2d 742 Ariz. Ct. App. Div. 1 1985
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Dombey v. Phoenix Newspapers, Inc.
708 P.2d 742
Ariz. Ct. App. Div. 1 1985
see also, de Funiak and Vaughn, Principles of Community Property § 82 (2d ed. 1971).
- Van De Loo v. Van De Loo 346 N.W.2d 173 Minn. Ct. App. 1984
- Gibson v. Boyle 679 P.2d 535 Ariz. Ct. App. Div. 1 1983
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Gibson v. Boyle
679 P.2d 535
Ariz. Ct. App. Div. 1 1983
it held that while certain damages recoverable in a tort action constituted community property ( i.e., lost wages and medical expenses), compensation for injuries to one's personal well-being ( i.e., pain and suffering) are the injured spouse's separate property.
- Spillios v. Green 671 P.2d 421 Ariz. Ct. App. Div. 2 1983
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Spillios v. Green
671 P.2d 421
Ariz. Ct. App. Div. 2 1983
If Mrs. Green had lived, her claim for injuries to her person would have been her own separate property, , which could not have been defeated by Mr. Green's contributory negligence.
- Villasenor v. Villasenor 657 P.2d 889 Ariz. Ct. App. Div. 2 1982
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Villasenor v. Villasenor
657 P.2d 889
Ariz. Ct. App. Div. 2 1982
The rationale for that decision, however
- Fernandez v. Romo 646 P.2d 878 Ariz. 1982
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Fernandez v. Romo
646 P.2d 878
Ariz. 1982
This rule was changed somewhat, however, , which held that while special damages represented by lost wages and medical expenses are injuries to the community, the injuries themselves are personal to the spouse.
- Tippit v. Lahr 646 P.2d 291 Ariz. Ct. App. Div. 2 1982
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Tippit v. Lahr
646 P.2d 291
Ariz. Ct. App. Div. 2 1982
the court held that recovery on a claim for personal injuries incurred during marriage is the separate property of the injured spouse to the extent that it represents compensation for injuries to “personal well-being.” Under prior law, the entirety of such a recovery was regarded as community pr
- Brumbaugh v. Pet Inc. 628 P.2d 49 Ariz. Ct. App. Div. 2 1981