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VALENTO v. VALENTO

No. 1 CA-CV 09-0273.

240 P.3d 1239 (2010)

In re the Marriage of Jill VALENTO, Petitioner/Appellee/Cross Appellant, v. Marvin VALENTO, Respondent/Appellant/Cross Appellee.

Court of Appeals of Arizona, Division 1, Department C.

September 23, 2010.

Attorney(s) appearing for the Case

The Murray Law Offices, P.C. By Stanley D. Murray, Phoenix, Attorney for Petitioner/Appellee/Cross Appellant.

The Law Office of Carrie M. Wilcox By Carrie M. Wilcox, Phoenix, Attorney for Respondent/Appellant/Cross Appellee.

OPINION

SWANN, Judge.

¶ 1 This case presents a question of first impression: To what extent can a marital community claim an equitable lien against a spouse's sole and separate property when community funds have contributed to the equity in the property and declining market conditions have nonetheless reduced the property's overall value? We hold that community contributions to sole and separate property create equitable lien rights even in a declining...

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