Ronald R. Armacost and Cathy L. Armacost - Page 9

                                        - 9 -                                          

          allocated to petitioner is noninvestment community property.                 
          Petitioner, however, testified that he inherited the ranch from              
          his father.  In addition, section 7, paragraph 11 of the                     
          Settlement Agreement states that the ranch land is the "sole and             
          separate property" of the petitioner.  Property acquired by                  
          bequest or devise is ordinarily that spouse's separate property.             
          See In re Estate of Salvini, 397 P.2d 811 (Wash. 1964).                      
          Therefore, the ranch is not community property, and Linda                    
          Armacost had no right to receive payment for any interest in the             
          property.  See Poe v. Seaborn, 282 U.S. 101 (1930); Hansen v.                
          Blevins, 367 P.2d 758 (Idaho 1962); In re Estate of Salvini,                 
          supra.  Because petitioner already owned the ranch in its                    
          entirety, we find that no part of the $250,000 note is                       
          attributable to the acquisition of this property.                            
               Next, we look at the condominium unit situated in Liberty               
          Lake.  Respondent argues that a condominium unit valued at                   
          $247,000 was allocated to petitioner as noninvestment property.              
          Petitioner, however, contends that the property located in                   
          Liberty Lake was not actually a condominium, but was one of his              
          commercial convenience stores.  After careful review of the                  
          record, we agree with petitioner that the property the parties               
          valued at $247,000 is not a condominium unit and should be                   
          characterized as commercial investment property.                             







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011