Copyright 2007 Thomson Delmar Learning. All Rights Reserved. LYNCH v. LYNCH 164 Ariz. 127 (1990) Case Brief.

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Copyright 2007 Thomson Delmar Learning. All Rights Reserved. LYNCH v. LYNCH 164 Ariz. 127 (1990) Case Brief

Copyright 2007 Thomson Delmar Learning. All Rights Reserved. LYNCH v. LYNCH PURPOSE: Example of an unusual community property case.

Copyright 2007 Thomson Delmar Learning. All Rights Reserved. LYNCH v. LYNCH CAUSE OF ACTION: Dissolution of marriage.

Copyright 2007 Thomson Delmar Learning. All Rights Reserved. LYNCH v. LYNCH FACTS: Mr. Lynch won the lottery ($2.2 million) before his uncontested divorce was final. Wife claims ½ as community property. Default hearing without husband. Court did not enter decree because husband did not receive timely notice. Amended petition by wife, husband lost. (Remarried, he died before appeal.)

Copyright 2007 Thomson Delmar Learning. All Rights Reserved. LYNCH v. LYNCH ISSUE: Whether the community continues until final decree even though the parties have testified the marriage is irretrievably broken.

Copyright 2007 Thomson Delmar Learning. All Rights Reserved. LYNCH v. LYNCH HOLDING: Yes.

Copyright 2007 Thomson Delmar Learning. All Rights Reserved. LYNCH v. LYNCH REASONING: Unlike some other states, Arizona continues the community until final dissolution because petitions are often withdrawn and the state favors marital status and reconciliation.

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