- 16 -
domiciled at the time the property so exchanged was
acquired.
Decedent was domiciled in Arizona at all times here
relevant, so that we must look to Arizona law to determine the
applicable community property law. If the Bard property was
community property under the laws of Arizona, or was acquired in
exchange for property that was community property under the laws
of Arizona, then it is community property under the laws of
California. We must ascertain the law of Arizona as the highest
court of the State would apply it. Commissioner v. Estate of
Bosch, 387 U.S. 456, 465 (1967).
Under Arizona law, property acquires its character as
community or separate property at the time of its acquisition.
Potthoff v. Potthoff, 627 P.2d 708, 712 (Ariz. Ct. App. 1981);
Bender v. Bender, 597 P.2d 993, 995 (Ariz. Ct. App. 1979);
Myrland v. Myrland, 508 P.2d 757, 762 (Ariz. Ct. App. 1973).
Property received by one spouse as a gift is the separate
property of that spouse. Ariz. Rev. Stat. Ann. sec. 25-211
(1991). That ownership does not change except by operation of
law or through an agreement between husband and wife. Potthoff
v. Potthoff, 627 P.2d at 712. In certain cases, the character of
a spouse's separate property may be changed to community property
"if the circumstances clearly demonstrate that [that] * * *
spouse intended to effect a change in the status of his separate
property." Moser v. Moser, 572 P.2d 446, 448 (Ariz. Ct. App.
Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 NextLast modified: May 25, 2011