Toth v. Toth

I respectfully dissent. I do so because I believe the trial court’s unequal division of the home is contrary to Arizona case law, to Arizona statutory law, and to basic principles of fairness and equity. In my view, the court of appeals correctly held that the case should be remanded with instructions for a substantially equal distribution. Mr. Toth chose to make a gift of one-half of the house to Mrs. *223Toth.1 Having chosen to make a gift, Mr. Toth seeks the help of the domestic relations court to compel Mrs. Toth to give it back. The majority opinion permits the trial court to order her to…