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When a Creditor May Take Sole and Separate Assets of a Spouse

Posted on : July 12, 2016, By:  Christopher Hildebrand
When a Creditor May Take Sole and Separate Assets of a Spouse in Arizona.

When a Creditor May Take Sole and Separate Assets of a Spouse In Majewski v. Eyre, 542 P.2d 1123 (1975), the Court of Appeals considered a wife’s liability for a debt. Mrs. Majewski and Mr. Majewski married in 1955 and divorced in 1972. In 1966, wife and husband entered into two separate agreements. First, they borrowed $15,000 […]

Posted in : Arizona Community Property Laws , Leave a comment

Community Property Liability Exists Even After Probate Ends

Posted on : July 12, 2016, By:  Christopher Hildebrand
Community Property Liability Exists Even After Probate Ends

Community Property Liability Exists Even After Probate Ends Can a creditor sue a spouse for the community debt of a deceased husband after the statute for filing in probate has passed? In Samaritan Health System v. Caldwell, 957 P. 2d 1373 (1998), the Court of Appeals considered this issue. Facts of the Case Mr. Caldwell […]

Posted in : Arizona Community Property Laws , Leave a comment

Commingling Separate Property With Community Property

Posted on : July 12, 2016, By:  Christopher Hildebrand
Proving Separate Property in an Arizona Divorce

Commingling Separate Property With Community Property Earnings of either spouse during a marriage are community property in Arizona. However, any money earned or assets acquired before a marriage by a spouse is the separate property of that spouse. An increase in value of that separate property during the marriage is also separate property. However, if […]

Posted in : Arizona Community Property Laws , Leave a comment

Title to a Home Affects Community Property Rights in Arizona

Posted on : July 12, 2016, By:  Christopher Hildebrand
Title to a Home Affects Community Property Rights in Arizona

Title to a Home Affects Community Property Rights in Arizona In Arizona, property acquired by a married couple is presumed to be community property rather than a property held as tenancy in common. Is it possible for a married couple to acquire property as joint tenants with the right of survivorship? In In re Baldwin’s […]

Posted in : Arizona Divorce Laws , Leave a comment