Audrey June Autrey v. Clint A. Autrey

Albuquerque, New Mexico family law lawyers represented the parties to a divorce action.





In this divorce proceeding, Audrey June Autrey (Wife) appeals the district court's characterization of assets and debts as separate or community property and the division of marital assets and debts between her and Clint A. Autrey (Husband). Wife contends that twenty-eighty of the district court's findings of fact are without supporting evidence in the record, and, that as a result, the district court erred in concluding that (1) the business started by the couple during the marriage, AJAC Enterprises, Inc. (AJAC), is community property, rather than the separate property of Wife; (2) the rent allegedly charged and a loan allegedly made to AJAC by Wife's father and the company owned by him are Wife's separate debts; (3) Wife is not entitled to interim support; (4) Wife is not entitled to reimbursement for the gambling losses she alleged Husband incurred during the marriage and paid with community funds; and (5) the parties' Albuquerque residence (the Corona home) is an asset of a revocable trust and is therefore divisible marital property. With the exception of the court's finding that the Corona home was held in a revocable trust, and the court's conclusion that the home was, therefore, marital property, we hold that the district court's findings of fact are supported by substantial evidence and that the court correctly applied the law to its findings. With regard to the Corona home, we find that the Corona home was held in an irrevocable trust for the benefit of the parties' son, and was therefore not marital property. We affirm on all issues with the exception of the court's treatment of the Corona home as community property and remand for further proceedings consistent with this opinion.

Autrey v. Autrey (N.M. App. 2022)

{¶45} We reverse solely with respect to Wife's claim of error regarding the treatment of the Corona home as community property and the revocation by the court of the irrevocable QPRTs. In all other respects, we affirm. We remand to the district court to address, in the exercise of its discretion, the change in the value of the couple's community assets required by the restoration of the Corona home to the irrevocable QPRTs.



{¶46} IT IS SO ORDERED.

Autrey v. Autrey (N.M. App. 2022)