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GARRETT v. GARRETT

No. 1 CA-CIV 6069.

140 Ariz. 564 (1983)

683 P.2d 1166

In re the Marriage of Veronica Ann GARRETT, Petitioner-Appellee and Cross-Appellant, v. Roger Earl GARRETT, Respondent-Appellant, and Cross-Appellee.

Court of Appeals of Arizona, Division 1, Department D.

On Motion for Reconsideration February 23, 1984.

Review Denied May 22, 1984.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by Philip C. Gerard, Phoenix, for petitioner-appellee and cross-appellant.

John S. Schaper, Phoenix, for respondent-appellant and cross-appellee.

OPINION

JACOBSON, Chief Judge.

The basic question presented by this appeal is whether the rights flowing from an attorney-husband's contingent fee contracts entered into during marriage but which were not fully performed at the time of dissolution are community or separate property.

The trial court held that the contracts had been substantially "earned" prior to dissolution, were community property and awarded the wife one half of the fees attributable...

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