CBM of Arizona, Inc. v. Sevier

FERNANDEZ, Judge.

A.R.S. § 25-215(B) provides that the community property of a married couple is liable for the premarital debts or other liabilities of either spouse, “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.” In Flexmaster Aluminum Awning Co., Inc. v. Hirschberg, 173 Am. 83, 87, 839 P.2d 1128, 1132 (App.1992), Division One of this court held that this statute requires joinder of the nondebtor spouse in an action by the creditor to recover against community property “because the…