McCready v. McCready

In McCready v. McCready, 168 Ariz. 1, 2, 810 P.2d 624, 625 (App. 1991) the former husband and wife jointly purchased real property nearly two years after the trial court entered a decree of dissolution. The parties took title to the property as "husband and wife" and as joint tenants. Id. Twelve years after they bought the property, the husband filed a "post-dissolution cause of action seeking an order of the court requiring an 'auction sale' of the subject property." Id. Following a hearing on the matter, the trial court found that the property was held by the parties as tenants in common, but nonetheless determined that the parties had "submitted themselves to the equitable jurisdiction of the court by requesting relief regarding disposition of their commonly held property." Id. On appeal, the husband argued that the trial court lacked subject matter jurisdiction to allocate property acquired after dissolution. Id. at 3, 810 P.2d at 626. The Court determined the trial court lacked jurisdiction to dispose of the non-marital property and that absent an agreement between the parties, the only lawful means to dispose of the property was pursuant to "the applicable partition statutes." Id. The Court further held that the parties could not, by consent, give the court jurisdiction. Id. at 4, 810 P.2d at 627.