Hanrahan v. Sims

HATHAWAY, Chief Judge.

This lawsuit is a sequel to our decision in the case of In re Estate of Sims, 13 Ariz.App. 215, 475 P.2d 505 (1970), wherein we affirmed a probate court order awarding a homestead in the decedent’s separate property to his surviving spouse. Thereafter the instant litigation was commenced by the surviving spouse, appellee herein, seeking reimbursement from the proceeds derived from the sale of the subject property, to the extent of one-half of mortgage payments out of community funds during the decedent’s lifetime and during the probate of his estate.

The responsive…