Dealing with Debt

questions & answers

Question: I have a house in AZ, going through a divorce if I stop making the mortgage payment can AZ make me pay the payment? I am on State disability and S.S.

Answer: When you file for divorce you are still responsible for making mortgage payments. The judge will say who is responsible for making the mortgage payments as well as other community debt. Community debt is debt that is acquired during the marriage. However, even if the judge orders only one spouse to make payments, the other spouse may still be responsible for missed payments that they were not ordered by the family court to pay.

Here is one law in Arizona pertaining to property and debt:
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 would have been such 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 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 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.

Please go to Arizona Revised Statutes Title 25 to view all of the statutes pertaining to divorce in Arizona. For advice specific to your situation, please speak with an attorney. To see if you qualify for a reduced fee attorney,  contact the Legal Learn line at 866-637-5341.