Section 34.77.140. Interspousal Remedies.

   (a) A spouse has a claim against the other spouse for breach of the good faith requirement under AS 34.77.010 resulting in damage to the claimant spouse's present undivided one-half interest in community property.
   (b) If the spouses have signed a community property agreement or a community property trust, a court may order an accounting of the property and obligations of the spouses and may determine rights of ownership in, beneficial enjoyment of, or access to marital property and the classification of all property of the spouses.
   (c) A court may order that the name of a spouse be added to community property held in the name of the other spouse alone, except
        (1) a partnership interest held by the other spouse as a general partner;
        (2) an interest in a professional corporation, professional association, or similar entity held by the other spouse as a stockholder or member;
        (3) an asset of an unincorporated business if the other spouse is the only spouse involved in operating or managing the business; or
        (4) other property if the addition would adversely affect the rights of a third person.
   (d) Except as provided otherwise in (e) - (h) of this section, a spouse must begin an action against the other spouse under (a) of this section within three years after acquiring actual knowledge of the facts giving rise to the claim.
   (e) Except as provided by (f) - (h) of this section, if a gift of community property during marriage by a spouse does not comply with AS 34.77.050(a), the nondonor spouse may bring an action to recover the property or the amount of money by which the gift exceeded the limit under AS 34.77.050(a). The nondonor spouse may bring the action against the donor spouse, the gift recipient, or both. The nondonor spouse must commence the action within the earliest of the following times:
        (1) one year after the nondonor spouse receives notice of the gift;
        (2) one year after dissolution of the marriage; or
        (3) on or before the deadline for filing a claim under AS 13.16.460 after the death of the donor spouse.
   (f) If a recovery under (e) of this section occurs during the marriage of the donor spouse and the nondonor spouse, the property or money that is recovered is considered community property. If the recovery occurs after the dissolution of the marriage of the donor and nondonor spouses or after the death of either the donor or the nondonor spouse, the recovery is limited to 50 percent of the property or money that would have been recovered if the recovery had occurred during the marriage.
   (g) If a transfer of community property to a third person during marriage by a spouse acting without the other spouse becomes a completed gift on the death of the donor spouse, or if an arrangement involving community property during marriage by a spouse acting without the other spouse is intended to be and becomes a gift to a third person on the death of the donor spouse, the surviving spouse may bring an action in court against the gift recipient to recover one-half of the gift. To bring an action under this subsection, the surviving spouse must commence the action on or before the deadline for filing a claim under AS 13.16.460.
   (h) If a spouse who would have been entitled to bring an action under (e) - (g) of this section predeceases the donor spouse, the deceased spouse's successor in interest may bring an action for recovery under (e) - (g) of this section, but the action must be commenced within one year after the deceased spouse's death. Recovery in an action under this subsection is the same as if the donor spouse had predeceased the spouse entitled to the recovery, but the amount of the recovery is calculated as of the date of the death of the spouse entitled to the recovery.

Authorities

34.77.030;34.77.050;34.77.110

Notes

References

AS 34.77.030 Classification of property of spouses.
AS 34.77.050 Gifts of community property to third persons.
AS 34.77.110 Forms of holding property.

History

(Sec. 11 ch 42 SLA 1998; am Sec. 44, 45 ch 45 SLA 2013)