Legal Question in Credit and Debt Law in Arizona

my husband signed a personal guarantee promising payment of an account for a business which went bankrupt. We are in Az. which i believe, after researching the law, Rackmaster vs. Maderia (1 CA-CV 07-0646, insures that our community property cannot be attached, since i did not sign the application, we have been married 30 yrs and have no seperate property . My ? is, what are the chances the court will enter a judgement soley against my husband even if the court and creditor know they cannot touch our assets.


Asked on 8/25/09, 2:00 pm

1 Answer from Attorneys
Blake Simms W. Blake Simms, P.C.

Thank you for the question. You are correct that Arizona law requires both members of a marriage to sign a personal guaranty in order for the couple's community property to be available to satisfy any judgment for the underlying debt. If the creditor files suit against your husband and your husband does not defend, a court will absolutely enter a judgment against your husband. If the creditor then tries to execute on any community asset, you can object by stating the judgment is against only your husband. Further, make sure they do not include both of you in any suit they file. If you do not defend they obtain a judgment against both of you, they will be able to collect from community assets, regardless of the fact that only your husband signed the guaranty.

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Answered on 9/02/09, 9:25 pm


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