Constantine v. Constantine

── Constantine v. Constantine ── Court: Court of Appeals of Arizona Date: June 08, 2026 Category: General NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. IN THE ARIZONA COURT OF APPEALS DIVISION ONE In re the Matter of: CATHRYN CONSTANTINE, Petitioner/Appellee, v. TINO CONSTANTINE, Respondent/Appellant. No. 1 CA-CV 25-0552 FC FILED 06-08-2026 Appeal from the Superior Court in Maricopa County No. FN2022-001675 The Honorable Michelle Carson, Judge AFFIRMED COUNSEL Genesis Legal Group, Gilbert By Kevin Jensen Counsel for Respondent/Appellant Michael J. Shew, LTD., Phoenix By Michael J. Shew Counsel for Petitioner/Appellee  CONSTANTINE v. CONSTANTINE Decision of the Court MEMORANDUM DECISION Judge Andrew J. Becke delivered the decision of the Court, in which Presiding Judge Samuel A. Thumma and Judge Kent E. Cattani joined. B E C K E, Judge: ¶1 Tino Constantine (“Husband”) appeals the superior court’s decree of dissolution of his marriage to Cathryn Constantine (“Wife”). For the following reasons, we affirm. FACTUAL AND PROCEDURAL HISTORY ¶2 Husband and Wife met in 2010 and married in January 2016. Husband owned several real estate investment properties before the marriage, and LLCs were created to hold the properties. Three such LLCs are at issue here: Katina Saffron, LLC (“Katina Saffron”), Tino Menlo, LLC (“Tino Menlo”), and Kifissia, LLC (“Kifissia”).1 The LLCs did not have written operating agreements, and both Husband and Wife were listed in the articles of organization as the members of all three LLCs. ¶3 Katina Saffron was formed before the parties married. In 2015, Husband purchased property in Mesa (the “Saffron property”) using about $146,000 of his funds and about $118,000 that Wife contributed from the sale of a condominium she owned. ¶4 After Husband and Wife (who were not then married) purchased the Saffron property, they transferred it by quitclaim deed to Katina Saffron. After the marriage, Katina Saffron sold the Saffron property, and the proceeds of $481,395.55 were deposited into Katina Saffron’s bank 1 Husband, Wife, and Wife’s father also created Athens, LLC. Wife’s father’s ownership interest in Athens, LLC was the subject of a prior appeal. Constantine v. Constantine, 1 CA-CV 23-0379 FC, 2024 WL 3335879 (Ariz. App. July 9, 2024) (mem. decision). That appeal affirmed that Wife’s father had a 50% ownership interest in Athens, LLC based on a settlement agreement between Husband and Wife’s father. Id. at 4, ¶ 18. We left the division of the other 50% to continued litigation. Id. at ¶ 21. Those actions do not impact the present appeal, and Husband does not claim error in the decree’s division of the other 50% of Athens, LLC. 2  CONSTANTINE v. CONSTANTINE Decision of the Court account. The parties then used $420,029.62 of the proceeds to purchase a certificate of deposit (“AmTrust CD”). ¶5 Tino Menlo was also formed before the marriage. In 2015, Husband purchased another property in Mesa (the “Portia property”). The purchase funds consisted of about $173,000 of Husband’s money and about $69,000 from a Wells Fargo bank account in both Husband’s and Wife’s names. Husband then transferred the Portia property to Tino Menlo via quitclaim deed a few weeks before the marriage. ¶6 Kifissia was forme