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In re the Matter of: David Ellison v. Cinda Ellison
Date: 08-08-2024
Case Number: S0300DO202100459
Judge: Brent Davidson Harris
Court: Superior Court, Coconino County, Arizona
Plaintiff's Attorney:
Click Here For The Best Flagstaff Divorce Lawyer Directory
Defendant's Attorney:
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Flagstaff, Arizona divorce lawyers represented husband and wife.
¶2 In 2019, the parties married in Idaho, where they lived in a home Wife owned before marriage. They later decided to move to Arizona and bought a new home there, paying the down payment with $27,000 in community funds and $25,000 in Husband's separate funds. They took title to the Arizona home as community property in late 2020. Wife then moved to Arizona while Husband stayed behind to prepare the Idaho home for sale. He made multiple trips from Idaho to Arizona to move the couple's belongings.
¶3 In late August 2021, while Husband was in Idaho and Wife was in Arizona, Wife demanded that Husband sign disclaimer and quitclaim deeds giving up his interest in the Arizona home. According to Husband, Wife threatened "to destroy everything [he] own[ed]" and "ruin [his] life" if he did not comply. Husband testified that all of his personal property, including heirlooms from his late father, was in the Arizona home under Wife's control.
¶4 Wife arranged for delivery of the deeds about a week later, and Husband scheduled a time and signed the deeds at his workplace in Washington state on August 27, 2021. Husband returned to Arizona a few days after that, and the parties lived together for several months. Husband petitioned for divorce in December 2021.
¶5 At trial, Husband claimed the deeds were invalid because he signed them under duress due to Wife's threats. Wife denied threatening Husband and claimed he signed because she used her separate property (proceeds from the sale of her Idaho home) to pay off a substantial amount of the Arizona mortgage. Finding Husband to be more credible, the superior court found that Husband had signed the deeds under duress and thus that the deeds were void and the home was community property. The court ordered the home sold and the proceeds divided equally after accounting for the parties' separate property contributions. The dissolution decree allocated other community property and debts that are not relevant to this appeal.
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In re Elliston, 1 CA-CV 23-0089 FC (Ariz. App. Aug 08, 2024)
¶2 In 2019, the parties married in Idaho, where they lived in a home Wife owned before marriage. They later decided to move to Arizona and bought a new home there, paying the down payment with $27,000 in community funds and $25,000 in Husband's separate funds. They took title to the Arizona home as community property in late 2020. Wife then moved to Arizona while Husband stayed behind to prepare the Idaho home for sale. He made multiple trips from Idaho to Arizona to move the couple's belongings.
¶3 In late August 2021, while Husband was in Idaho and Wife was in Arizona, Wife demanded that Husband sign disclaimer and quitclaim deeds giving up his interest in the Arizona home. According to Husband, Wife threatened "to destroy everything [he] own[ed]" and "ruin [his] life" if he did not comply. Husband testified that all of his personal property, including heirlooms from his late father, was in the Arizona home under Wife's control.
¶4 Wife arranged for delivery of the deeds about a week later, and Husband scheduled a time and signed the deeds at his workplace in Washington state on August 27, 2021. Husband returned to Arizona a few days after that, and the parties lived together for several months. Husband petitioned for divorce in December 2021.
¶5 At trial, Husband claimed the deeds were invalid because he signed them under duress due to Wife's threats. Wife denied threatening Husband and claimed he signed because she used her separate property (proceeds from the sale of her Idaho home) to pay off a substantial amount of the Arizona mortgage. Finding Husband to be more credible, the superior court found that Husband had signed the deeds under duress and thus that the deeds were void and the home was community property. The court ordered the home sold and the proceeds divided equally after accounting for the parties' separate property contributions. The dissolution decree allocated other community property and debts that are not relevant to this appeal.
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In re Elliston, 1 CA-CV 23-0089 FC (Ariz. App. Aug 08, 2024)
About This Case
What was the outcome of In re the Matter of: David Ellison v. Cinda Ellison?
The outcome was: We affirm. Both sides request an award of attorney's fees and costs on appeal under A.R.S. § 25-324. After considering relevant factors and in an exercise of our discretion, we deny both requests. As the successful party, Husband is entitled to an award of costs on appeal upon compliance with ARCAP 21. See A.R.S. § 12-342(A).
Which court heard In re the Matter of: David Ellison v. Cinda Ellison?
This case was heard in Superior Court, Coconino County, Arizona, AZ. The presiding judge was Brent Davidson Harris.
Who were the attorneys in In re the Matter of: David Ellison v. Cinda Ellison?
Plaintiff's attorney: Click Here For The Best Flagstaff Divorce Lawyer Directory. Defendant's attorney: Click Here For The Best Flagstaff Divorce Lawyer Directory.
When was In re the Matter of: David Ellison v. Cinda Ellison decided?
This case was decided on August 8, 2024.