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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33803
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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AZ Law - Premarital debt attaching to community property

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This is specific to Arizona law... The question is, can my wages be attached for settlement of judgment (premarriage debt attaching to postmarriage wages)? <br /><br />I may be facing a lawsuit brought by my former HOA (Homeowners' Association) for fees that occurred after I abandoned the property and prior to the trustee's sale, which still has not occurred. The property is my sole and separate property. In August 2010 I remarried. <br /><br />I see A.R.S. 25-215(B): 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. <br /><br />Now does that refer to wages that are earned after marriage? or just to the assets that I had prior to the marriage? I had very few assets prior to the remarriage. Thanks, Tony

Hello,

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They could only come after community property that you acquired after the marriage to the extent of any separate contribution. So that means if you bought a car together and you each paid for half of it, they creditor could come after only half the value of the car even though it is community property.

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Wages are considered your separate property until you commingle them with marital funds and they become community property.

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So the long and short of it is that they can come after your wages if they sue you and get a judgment up to 25 % by garnishing them.

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thanks

Barrister

 

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