Legal Opinion

All-Way Leasing, Inc. v. Kelly

Court of Appeals of Arizona

Decided September 29, 1994No. 1 CA-CV 92-0150PublishedCited by 7 opinions

1Opinion of the Court

OPINION

FIDEL, Judge.

To bind a marital community to a lease of real property for a year or more, joinder of both spouses is required. Ariz.Rev.Stat.Ann. (“A.R.S.”) § 25-214(0(1) (1991). This case concerns an allegation that a spouse who did not join in her husband’s lease of property from another ratified and bound herself to that transaction by actions taken in support of her husband’s sublease to another. The trial court, finding no ratification, entered partial summary judgment relieving the wife and the marital community of liability on the lease the husband signed alone. For reasons that…

2Cases cited11 opinions

  1. Orme School v. ReevesArizona Supreme Court · 1990
  2. Associated Indemnity Corp. v. WarnerArizona Supreme Court · 1985
  3. Consolidated Roofing & Supply Co. v. GrimmCourt of Appeals of Arizona · 1984
  4. Young Mines Co., Ltd. v. Citizens' State Bk.Arizona Supreme Court · 1931
  5. Heltzel v. Mecham PontiacArizona Supreme Court · 1986

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3Cited by7 opinions

  1. Chaurasia v. General Motors Corp.Court of Appeals of Arizona · 2006
  2. First Community Bank v. Maureen GaughanCourt of Appeals for the Ninth Circuit · 2017
  3. Earle Investments, LLC v. Southern Desert Medical Center PartnersCourt of Appeals of Arizona · 2017
  4. G.W. Equipment Leasing, Inc. v. Mt. McKinley Fence Co.Court of Appeals of Washington · 1999
  5. BMW of North America, LLC v. Mini Works, LLCDistrict Court, D. Arizona · 2010

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