PREFILED JAN 13 2020
REFERENCE TITLE: actions for debt; spouses |
State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HB 2237 |
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Introduced by Representative Allen J
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AN ACT
amending section 25‑215, Arizona Revised Statutes; relating to marital property and contracts.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 25-215, Arizona Revised Statutes, is amended to read:
25-215. Liability of community property and separate property for community and separate debts
A. The separate property of a spouse shall not be liable for the separate debts or obligations of the other spouse, absent agreement of the property owner to the contrary.
B. The community property is liable for the premarital separate debts or other liabilities of a spouse, incurred after September 1, 1973, but only to the extent of the value of that spouse's contribution to the community property which that would have been such the spouse's separate property if single.
C. The community property is liable for a spouse's debts incurred outside of this state during the marriage which that would have been community debts if incurred in this state.
D. Except as prohibited in section 25‑214, either spouse may contract debts and otherwise act for the benefit of the community. In an action on such a debt or obligation the spouses shall may be sued jointly and a judgment entered on the debt or obligation shall be satisfied:
1. If the spouses are sued jointly, first, from the community property, and second, from the separate property of the spouse contracting the debt or obligation.
2. If only the spouse who contracted the debt or obligation is sued, from the community property that would have been the spouse's separate property if single and that spouse's separate property.