Debt Collection, Garnishment, Repossession

questions & answers

Question: my wife had a car repossessed three plus years ago. can the collection agency come after me as a spouse and possibly garnish wages if i have no involvement

Answer:

Because Arizona is a community property state, all property that is acquired by either spouse, belongs to both; unless it is acquired by gift, devise or descent. A.R.S. 25-211.A

 

A spouse's real and personal property that is owned by that spouse before marriage and that is acquired by that spouse during the marriage by gift, devise or descent, and the increase, rents, issues and profits of that property, is the separate property of that spouse. A.R.S. 25-213.A.

 

Either spouse separately may acquire, manage, control or dispose of community property or bind the community, except that joinder of both spouses is required in any of the following cases:

1. Any transaction for the acquisition, disposition or encumbrance of an interest in real property other than an unpatented mining claim or a lease of less than one year.

2. Any transaction of guaranty, indemnity or suretyship.

3. To bind the community, irrespective of any person's intent with respect to that binder, after service of a petition for dissolution of marriage, legal separation or annulment if the petition results in a decree of dissolution of marriage, legal separation or annulment. A.R.S. 25-214.C.

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 be sued jointly and the debt or obligation shall 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.D.