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What Happens To Debts Not Included in a Divorce Decree

Posted on : August 9, 2016, By:  Christopher Hildebrand
What Happens to Debt Not Included in a Divorce Decree

What Happens to Debts Not Included in a Divorce Decree In Arizona, the divorce judge usually divides community property and community debt between spouses in a dissolution decree. However, sometimes the court omits an asset or a debt. In Ellsworth v. Ellsworth 423 P.2d 364 (1967), the Arizona Court of Appeals considered how a community […]

Posted in : Arizona Community Property Laws , Leave a comment

Valuation of Stock Holdings & Interest on Debt in Arizona

Posted on : July 19, 2016, By:  Christopher Hildebrand
Valuation of Stock Holdings and Interest on Debt in Arizona

Valuation of Stock Holdings & Interest on Debt in Arizona In McCune v. McCune, 586 P. 2d 651 (1978), the Court considered whether a Trial Court had followed its instructions. The case involved a valuation of a divorcing wife’s share of a business run by her husband. Facts of the Case Mrs. McCune and Mr. […]

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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 […]

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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 […]

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Community Liability for a Spouse’s Debt in Arizona

Posted on : July 11, 2016, By:  Christopher Hildebrand
Community Liability for a Spouse's Debt in Arizona.

Community Liability for a Spouse’s Debt in Arizona Can an Arizona couple’s community property be taken in payment of a debt made separately by the husband? What if the husband incurred the debt in a non-community property state? In Bainum v. Roundy, 521 P.2d 633 (Ariz. Ct. App. 1974), the 9th Circuit Court of Appeals […]

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Is Separate Property Liable for Community Debt in Arizona

Posted on : July 7, 2016, By:  Christopher Hildebrand
Is Community Property Liable for Separate Debt

Is Separate Property Liable for Community Debt in Arizona? Under Arizona law, earnings of either spouse during a marriage are community property. In a divorce, the court divides the community property between the two. Creditors can recover community debt from community property, but not generally from the separate property of one spouse. In Union Bank […]

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