Schilling v. Embree

OPINION

RICHMOND, Judge.

This is an appeal from an order denying appellant’s motion to quash a writ of garnishment served on his employer after judgment based on his post-marital separate tort liability. The question to be resolved is: What is the scope of the “other liabilities of a spouse” for which community property is liable under A.R.S. § 25- 215(B)? 1 Specifically, is it limited to premarital liabilities?

Appellees commenced an action for assault and battery against appellant and his wife. The case was tried to the court, which entered judgment in favor of appellant’s wife but against him…