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Foreign Judgments & Community Property: A Moving Target
by Roger L. Cohen
Jaburg & Wilk, P.C. - Phoenix Office
Kathi Mann Sandweiss
Jaburg & Wilk, P.C. - Phoenix Office
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November 6, 2009
Previously published by Arizona Attorney
In this article, we attempt to place Rackmaster in proper context and discuss the various strains of analysis giving rise to the confusion in this area of law. The underlying principles of law include: (1) the requirement, under the Full Faith and Credit Clause of the United States Constitution, that a foreign judgment from a non-community-property state be given effect in Arizona, (2) the corresponding provision of Arizona law imposing liability on a married couple's community property for a spouse's debts, incurred outside of Arizona, that would have been community debts if incurred in this state, (3) the procedural requirement, under Arizona law, that both spouses be named in a lawsuit against the community, and (4) the substantive prohibition, under Arizona law, against one spouse binding the other, or the community, to a transaction of guaranty or suretyship.
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