Proffit v. Proffit
In Proffit v. Proffit, 105 Ariz. 222, 462 P.2d 391 (1969), at the time of the parties' separation, wife had possession of husband's sole and separate property--United States savings bonds--and, without his permission, redeemed the bonds, and received $6,300. 105 Ariz. at 223, 462 P.2d at 392.
In the decree of dissolution, the trial court "ordered and directed wife to deliver said sum to husband." Id. On appeal, wife argued the court "had no power to order her to pay a sum of money to husband." Id. at 224, 462 P.2d at 393.
The Court agreed that a dissolution court has "no authority to compel either party to divest himself or herself of Title to separate property" but concluded:
In the present case, the court's order did not concern Title, but Possession. Wife was in possession of a sum of money, obtained from the redemption of savings bonds, title to which had been adjudged in husband. The divorce court, as a court of equity, certainly has the inherent power to direct one party to relinquish possession of separate property belonging to the other, just as it has the power to order a division and disposition of the community property of two parties. Id.