Real Property at Dissolution of Marriage in Arizona: Separate Funds, Buy-Out, and Equal Division. A Case Analysis of Schoenherr v. Carey , 1 CA-CV 23-0087

Abstract

This essay is a case analysis of Schoenherr v. Carey, 1 CA-CV 23-0087 FC, (Ariz. Ct. App. Nov. 7, 2023). Schoenherr is a memorandum opinion published by the Arizona Court of Appeals. Arizona is one of the United States’ fastest growing states in both population and GDP. Schoenherr provides a look at how modern courts in the state of Arizona examine unique divorce cases concerning property division among the vast influx of migrants and the resulting higher caseloads. The issues before the court centered on the division of real property at dissolution, the noncontributing party buying out the contributing party’s interest in the property, and the reimbursement of separate funds used to purchase the property prior to marriage.