questions & answers

Question: I have joint & several restitution,i have never paid into, i served prison time, they didn't. Now, it's going to go to an outside collection agency. I am in fear they'll try to take my husbands income by force. Can they do this? He is not involved at all.

Answer:

Arizona is a community property state. Therefore, according to ARS 25-211, all property acquired by either husband or wife during the marriage is the community property of the husband and wife (with a few exceptions found in ARS 25-211(A)(1)(2)). For an understanding of what separate property is, see ARS 25-213. 

 ARS 25-215(B), address liability of community property and separate property for community and separate debts.  The statute explians that the community property is liable for the premarital separate debts or other liabilities of a spouse, incurred after September 1, 1973 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. Please review Title 25, Marital and Domestic Relations, of the Arizona Revised Statutes for more information. Family law matters can be very complex, for detailed legal advice see an attorney.