Marriage of Bell-Kilbourn v. Bell-Kilbourn

OPINION

TIMMER, Judge.

¶ 1 Kari Bell-Kilbourn (‘Wife”) appeals from a decree of dissolution of her marriage to Joshua Bell-Kilborn (“Husband”), challenging only the family court’s ruling that a house titled in Wife’s name is community property. To resolve this appeal, we revisit this court’s decision in Bender v. Bender, 123 Ariz. 90, 597 P.2d 993 (App.1979), and clarify that an owning spouse sufficiently rebuts the presumption that real property is a community asset when purchased during the marriage if the non-owning spouse executes an enforceable deed disclaiming an interest in the property…