Robertson v. Willis

Opinion

WIENER, J.*

Frances Willis (Frances) appeals from a judgment against her in the principal sum of $4,750, plus attorneys’ fees of $1,500 and costs of suit and appeal. She contends that, although a business debt incurred during marriage by her husband may be satisfied from community property, this does not warrant her personal liability under the facts of this case. We agree.

The questions to be decided on appeal are: (1) whether the fact that community property stands in the name of one spouse only is in itself sufficient reason to create personal liability for that spouse, and (2)…