Sommerfield v. Sommerfield, 592 P.2d 771 (Ariz. 1979). · Go Syfert
Sommerfield v. Sommerfield, 592 P.2d 771 (Ariz. 1979). Cases Citing This Book View Copy Cite
“once fixed, the property retains its character as separate or community until changed by agreement of the parties or by operation of law.”
67 citation events (29 in the last 25 years) across 2 distinct courts.
Strongest positive: Bejarano v. Ortiz-Garcia (arizctapp, 2020-10-20)
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981 2003 2026
Top citers, strongest first. 23 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Bejarano v. Ortiz-Garcia
Ariz. Ct. App. · 2020 · quote attribution · 1 verbatim quote · confidence high
once fixed, the property retains its character as separate or community until changed by agreement of the parties or by operation of law.
cited Cited as authority (rule) Lazorcak v. Lazorcak
Ariz. Ct. App. · 2024 · confidence medium
“Once fixed, the property retains its character as separate or community until changed by agreement of the parties or by operation of law.” Sommerfield v. Sommerfield, 121 Ariz. 575, 578 (1979).
discussed Cited as authority (rule) Luque v. Ocampo
Ariz. Ct. App. · 2024 · confidence medium
In doing so, the court noted the presumption that “any property acquired by either spouse during marriage is community property, unless demonstrated otherwise by clear and convincing evidence.” See Sommerfield v. Sommerfield, 121 Ariz. 575, 577 (1979).
discussed Cited as authority (rule) Alger v. Backes-Alger
Ariz. Ct. App. · 2023 · confidence medium
Citing Toth v. Toth, 190 Ariz. 218, 221 (1997), the court noted the case did not “present a unique set of facts or circumstances,” meaning “an equal division of community property is appropriate to achieve equity.” Citing Sommerfield v. Sommerfield, 121 Ariz. 575, 578 (1979), the court noted the presumption that “any property acquired by either spouse during marriage is community property, unless demonstrated otherwise by clear and convincing evidence.” As applied, the court found that the house was acquired during the marriage, that Husband’s petition listed the house as communi…
discussed Cited as authority (rule) Warner v. Driggs-Warner
Ariz. Ct. App. · 2023 · confidence medium
Sommerfield v. Sommerfield, 121 Ariz. 575, 577 (1979). 7 WARNER v. DRIGGS-WARNER Decision of the Court ¶25 Property acquired by the parties during the marriage is presumed to be community property, unless acquired by gift, devise, or descent, or after the service of a petition for dissolution of marriage.
cited Cited as authority (rule) Valencia v. Garcia
Ariz. Ct. App. · 2022 · confidence medium
A.R.S. § 25-211(A); Sommerfield v. Sommerfield, 121 Ariz. 575, 577 (1979).
cited Cited as authority (rule) Dole v. Dole
Ariz. Ct. App. · 2020 · confidence medium
"We begin with the presumption that property acquired by either spouse during marriage is community property." Sommerfield v. Sommerfield, 121 Ariz. 575, 577 (1979).
cited Cited as authority (rule) Wright v. Wright
Ariz. Ct. App. · 2020 · confidence medium
See A.R.S. § 25-211(A); Sommerfield v. Sommerfield, 121 Ariz. 575, 577 (1979).
discussed Cited as authority (rule) Hill v. Hill (2×) also: Cited "see"
Ariz. Ct. App. · 2020 · confidence medium
When property is characterized as separate, it remains separate unless and until its characterization is “changed by agreement of the parties or by operation of law.” Sommerfield v. Sommerfield, 121 Ariz. 575, 578 (1979).
cited Cited as authority (rule) Torres v. Miramontes
Ariz. Ct. App. · 2018 · confidence medium
Sommerfield v. Sommerfield, 121 Ariz. 575, 577 (1979).
cited Cited as authority (rule) Robbins v. Townsend
Ariz. Ct. App. · 2018 · confidence medium
A.R.S. § 25-211(A); Somerfield v. Somerfield, 121 Ariz. 575, 578 (1979).
discussed Cited as authority (rule) Baldwin v. Baldwin (2×)
Ariz. Ct. App. · 2017 · confidence medium
Sommerfield v. Sommerfield, 121 Ariz. 575, 577 (1979). 3 Notwithstanding Wife's concession that the account was held in both parties' names, bank statements offered in evidence reflected only Wife's name. 3 BALDWIN v. BALDWIN Decision of the Court the Chase account after the tax refunds were received, but later declined to do so.
cited Cited as authority (rule) In Re the Marriage of Foster
Ariz. Ct. App. · 2016 · confidence medium
Sommerfield v. Sommerfield, 121 Ariz. 575, 577 , 592 P.2d 771, 773 (1979); Porter v. Porter, 67 Ariz. 273, 279 , 195 P.2d 132, 136 (1948); see also Ariz. Cent.
discussed Cited as authority (rule) Tutora v. Dominguez
Ariz. Ct. App. · 2015 · confidence medium
Sommerfield v. Sommerfield, 121 Ariz. 575, 577 , 592 P.2d 771, 773 (1979). ¶14 At the outset, we note that our review is limited by the lack of a transcript, which would allow us to better evaluate the basis for Wife’s assertions.
discussed Cited as authority (rule) Tutora v. Dominguez
Ariz. Ct. App. · 2015 · confidence medium
Sommerfield v. Sommerfield, 121 Ariz. 575, 577 , 592 P.2d 771, 773 (1979). ¶14 At the outset, we note that our review is limited by the lack of a transcript, which would allow us to better evaluate the basis for Wife’s assertions.
discussed Cited as authority (rule) American Express Travel Related Services Co. v. Parmeter
Ariz. Ct. App. · 1996 · confidence medium
“On appeal, we view all evidence and reasonable conclusions therefrom in the light most favorable to supporting the decision of the trial court regarding the nature of property as community or separate.” Sommerfield v. Sommerfield, 121 Ariz. 575, 577 , 592 P.2d 771, 773 (1979); see also Thomas v. Thomas, 142 Ariz. 386, 392 , 690 P.2d 105, 111 (App. 1984).
cited Cited as authority (rule) Hatcher v. Hatcher
Ariz. Ct. App. · 1996 · confidence medium
Sommerfield v. Sommerfield, 121 Ariz. 575, 577 , 592 P.2d 771, 773 (1979).
discussed Cited as authority (rule) Hughes v. Hughes
Ariz. Ct. App. · 1993 · confidence medium
Yet we also recognized, as in earlier decisions, that this goal “must be balanced with some realistic ap *524 praisal of the probabilities that the receiving spouse will in fact subsequently be able to support herself in some reasonable approximation of the standard of living established during the marriage.” Rainwater, 177 Ariz. at 503 , 869 P.2d at 179 (quoting Sommerfield v. Sommerfield, 121 Ariz. 575, 578 , 592 P.2d 771, 774 (1979)).
discussed Cited as authority (rule) Rainwater v. Rainwater
Ariz. Ct. App. · 1993 · confidence medium
And though Arizona courts have stated that public policy favors fixed-term maintenance as a means to promote a diligent effort to become self-sustaining, we have repeatedly cautioned that this goal “must be balanced with some realistic appraisal of the probabilities that the receiving spouse will in fact subsequently be able to support herself in some reasonable approximation of the standard of living established during the marriage.” Sommerfield v. Sommerfield, 121 Ariz. 575, 578 , 592 P.2d 771, 774 (1979) (quoting Lindsay v. Lindsay, 115 Ariz. 322, 328 , 565 P.2d 199, 205 (App.1977), ove…
cited Cited as authority (rule) Johnson v. Johnson
Ariz. · 1981 · confidence medium
Sommerfield v. Sommerfield, 121 Ariz. 575, 577 , 592 P.2d 771, 773 (1979).
discussed Cited "see" Natarajan v. Natarajan
Ariz. Ct. App. · 2022 · signal: see · confidence high
See Sommerfield v. Sommerfield, 121 Ariz. 575, 577 (1979). ¶9 “No general principle in the law of domicil is more firmly established than the basic rule that every person has at all times one domicil, and that no person has more than one domicil at a time.” Clark v. Clark, 71 Ariz. 194, 197 (1950) (citation omitted).
discussed Cited "see" Siu v. Cavanagh
Ariz. Ct. App. · 2018 · signal: see · confidence high
See Sommerfield v. Sommerfield, 121 Ariz. 575, 577 (1979) (“On appeal we view all evidence and reasonable conclusions therefrom in the light most favorable to supporting the decision of the trial court regarding the nature of property as community or separate.”); see also Hatcher v. Hatcher, 188 Ariz. 154, 157 (App. 1996) (“We view all the evidence and reasonable conclusions therefrom in the light most favorable to supporting the trial court’s decision regarding the nature of the property as either community or separate.”). ¶16 Our review of the arbitration record reveals substantia…
discussed Cited "see" Morrow v. Morrow
Ariz. Ct. App. · 2018 · signal: see · confidence high
See Sommerfield v. Sommerfield, 121 Ariz. 575, 577 (1979). ¶27 In his motion for new trial, Husband contends that he neither waived nor is estopped from asserting spousal maintenance arrearages and that the court abused its discretion in modifying the spousal maintenance award.
Retrieving the full opinion text from the archive…
Clarence F. SOMMERFIELD, Appellant,
v.
Alice M. SOMMERFIELD, Appellee
13928.
Arizona Supreme Court.
Mar 15, 1979.
592 P.2d 771
Cunningham, Goodson & Tiffany by James W. Ryan, Phoenix, for appellant., Smith & Feola by Steven Feola, Phoenix, for appellee.
Hays, Cameron, Gordon.
Cited by 37 opinions  |  Published
HAYS, Justice.

The appellant, Clarence F. Sommerfield (husband), appeals from those portions of a decree of dissolution of marriage that per[*577] tain to the distribution of property and award of spousal maintenance. We have jurisdiction pursuant to 17A A.R.S. Rules of the Supreme Court, rule 47(e)(5). We affirm.

The parties were married on October 7, 1961 in Wisconsin where they were living at the time. They moved to Arizona in October of 1974. At the time of trial, appellant was approximately 67 years old while the appellee, Alice M. Sommerfield (wife), was 54 years old. No children were born to or adopted by them. Additional pertinent facts will be introduced as necessary in the context'of particular arguments.

Husband first contends that the trial court erred in ruling as a matter of law that a Scottsdale residence was community property or the community had a substantial interest therein, and that title was held by the community and subsequently transferred without valid consideration. Prior to the move to Arizona, a lot in Scottsdale was purchased in 1971 with the intention of building a home thereon. Title to the property was taken in the name of the husband’s separate business, Sonny’s El Dora-do, Inc., a Wisconsin corporation which operated a supper club. When the finance company refused to accept a foreign corporation as mortgagor for the house, title was transferred to the husband and wife, with both husband and wife assuming full liability for the mortgage. About one and one-half years later, on February 21, 1973, the husband and wife transferred the property back to El Dorado, and the corporation transferred it to the husband on October 12, 1973.

Before we discuss the status of the real estate as separate or community property, one matter needs clarification. The wife argues that, as a foreign corporation not licensed to do business in Arizona, the husband’s corporation, the original grantee of the Scottsdale real estate, cannot hold or own property in this state. Therefore, the property belongs to the marital community because the transfer by the husband and wife to the corporation is void. This argument ignores an inherent inconsistency, for if the corporation could not have validly accepted title from the husband and wife, then it could not have validly taken title from the original sellers. The problem disappears, however, with the recognition that under our law something more than an isolated single act must be found before it will be held that transactions entered into by a foreign corporation unauthorized to do business in Arizona are void. Norman v. Del Elia, 111 Ariz. 480, 483, 533 P.2d 537, 540 (1975); accord, Pepper & Tanner, Inc. v. Shamrock Broadcasting, Inc., 563 F.2d 391, 394 (9th Cir. 1977).

On appeal we view all evidence and reasonable conclusions therefrom in the light most favorable to supporting the decision of the trial court regarding the nature of property as community or separate. Nace v. Nace, 104 Ariz. 20, 23, 448 P.2d 76, 79 (1968). We begin with the presumption that property acquired by either spouse during marriage is community property. Armer v. Armer, 105 Ariz. 284, 287, 463 P.2d 818, 821 (1970); A.R.S. § 25-211. This presumption applies irrespective of which spouse holds legal title Armer, supra; Arizona Central Credit Union v. Holden, 6 Ariz.App. 310, 313, 432 P.2d 276, 279 (1967).

The husband testified that the corporation had purchased the lot upon which the home was built, but as the record is utterly devoid of evidence showing the source of funds for the mortgage payments, we may assume that the husband and wife, as mortgagors, made the payments out of community property. Thus, the determination of the trial judge that the community had a substantial interest in the Scottsdale property accords with this assumption. Counsel for the husband, however, directs our attention to certain testimony in the record as supportive of the proposition that the funds for building the house came from separate property, but we find the language cited vague and ambiguous. In no way does it embody the clear and convincing evidence needed to rebut the presumption of community property. Armer, supra. Moreover, where title to real property is taken in the names of both husband and[*578] wife, even though the source of funds for the purchase of the property is separate property of one spouse, a presumption arises that the parties intended to own the property as community property. Becchelli v. Becchelli, 109 Ariz. 229, 232-33, 508 P.2d 59, 62-63 (1973); Noble v. Noble, 26 Ariz. App. 89, 93, 546 P.2d 358, 362 (1976). Once fixed, the property retains its character as separate or community until changed by agreement of the parties or by operation of law. Armer, supra.

The husband next contends that there is no evidence in the record to support the court’s finding that a $30,000 bank account which he opened in his name at the Valley National Bank was community property. We can state with certainty only that the evidence concerning this bank account is incomplete, confusing, and contradictory.

At the first day of trial, the following testimony was elicited from the husband concerning the bank account.

Q When did that Valley National Bank account exist, wherein it was 30,000 dollars?
A When we first arrived in Arizona.
Q Okay. Then, what happened to that bank account?
A I had to use a lot to live on. I was maintaining two homes for the first part of 74 — the first 8 months making payments on two homes and keeping up two homes totally. I had no income.

On the second day of trial the husband testified “I didn’t actually have 30,000 in the bank. I had 30,000 net proceeds from the sale of my home in Milwaukee.” Difficulty in discerning how the $30,000 could have been used to maintain the Milwaukee home and at the same time have been the proceeds from the sale of that house, together with other inconsistencies in the husband’s testimony, apparently led the trial court to reject all of his testimony about the source of funds of the bank account and to apply the presumption of community property as no other evidence had been introduced.

As his final grounds for appeal, the husband contests the award of spousal maintenance as excessive and without any factual basis. In the first place the trial court has broad discretion in its determination of a reasonable award. Burkhardt v. Burkhardt, 109 Ariz. 419, 510 P.2d 735 (1973). The spousal maintenance award constituted less than 25% of the husband’s income. It provided for payment to the wife of $700 a month for life or until she remarried.

The trial court found that “the wife lacks sufficient property apportioned to her to provide for her reasonable needs and was unable to support herself fully in the manner in which she should be maintained.” These findings incorporate the prerequisites for spousal maintenance set forth by A.R.S. § 25 — 319(A). Lindsay v. Lindsay, 115 Ariz. 322, 326, 565 P.2d 199, 203 (App.1977), construed “support” as used by § 25-319(A) in a relative sense to “be interpreted in light of the preexisting circumstances of the parties involved.” To that end, the provisions of § 25-319(B), which outline factors a trial court should consider in determining the amount and duration of the award, become relevant. Hence, we decline to read § 25-319(A)(2) as foreclosing the possibility of any maintenance whatsoever unless a spouse is totally incapable of self-support. Accord, Casper v. Casper, 510 S.W.2d 253 (Ky.1974) (interpreting virtually identical language under Kentucky law).

Lindsay recognized that the public policy favoring fixed-term spousal maintenance awards so as to encourage the party receiving the award to become self-sustaining by using diligence in procuring training and skills “must be balanced with some realistic appraisal of the probabilities that the receiving spouse will in fact subsequently be able to support herself in some reasonable approximation of the standard of living established during the marriage.” 115 Ariz. at 328, 565 P.2d at 205. Here the husband and wife had been married for about 15 years. The wife was 54 years old at the time the dissolution was filed. Since the separation she has been employed as a dining-room hostess earning $334 a month (net[*579] income). Her salary reflects her lack of skills and experience as she had worked only sporadically during the marriage, and at the request of her husband had refrained entirely from employment outside of the home when they moved to Arizona. She has, however, been attending school to improve her typing skills so that she could qualify for a better job. The husband has a yearly income of approximately $39,000, principally from the sale of the supper club. Consideration of all these factors is directed by § 25-319(B). Moreover, § 25-319(B)(7) also focuses the court’s attention on “[ejxcessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common.” The trial court specifically found that “the husband disposed of at least $20,000 of said $30,000 [bank account] in violation of the community interest of the wife.” Thus, taking all the circumstances into account, including the trial court’s firsthand opportunity to evaluate the testimony and demeanor of the husband, and reading the record as a whole, we cannot say as a matter of law that the trial court has abused its discretion.

The judgment is affirmed.

CAMERON, C. J., and GORDON, J., concurring.