ARIZONA HOUSE OF REPRESENTATIVES Fifty-fourth Legislature Second Regular Session
	House: JUD DP 6-4-0-0

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HB 2237: actions for debt; spouses

Sponsor:  Representative Allen J, LD 15

Caucus & COW

Overview

Allows spouses to be sued separately on debts and obligations, and specifies a procedure for the satisfaction of a judgment on community property.

History

All property acquired by both spouses in a marriage is considered community property (A.R.S. § 25-211). Separate property is property acquired by gift, devise, descent and property acquired after service of a petition for dissolution of marriage, annulment or legal separation if the petition results in a decree of dissolution (A.R.S. § 25-213).

Spouses with separate properties have sole management, control and disposition rights to their properties; concurrently, both spouses have equal management, control and disposition rights over their community property and powers to bind the community property (A.R.S. § 25-214).

Spouses must currently be sued jointly for action on debt or obligation when contracting debts for the benefit of the community, and the debts must be satisfied first from the community property, and second from the separate property of the spouse contracting the debt or obligation (A.R.S. § 25-215).

Provisions

1. Allows spouses to be sued separately for a debt or obligation. (Sec. 1)

2. States that, if spouses are sued jointly, a judgment must be satisfied first from the community property, and secondly from the separate property of the spouse who is contracting the debt or obligation. (Sec. 1)

3. States that if the spouse who contracted the debt or obligation is sued, community property that would have been the spouse's separate property if single and that spouse's separate property can satisfy the debt or obligation. (Sec. 1)

4. Contains technical changes. (Sec. 1)

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Initials LC/IR               Caucus & COW

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