Arizona Community Property Laws. Advertiser Disclosure. A spouse's separate property consists of: (1) the property owned or claimed by the spouse before marriage;. Idaho. 2005 Arizona Revised Statutes - Revised Statutes §25-215 Liability of community property and separate property for community and separate debts. A property settlement agreement lays out each party's assets and liabilities post-divorce. This would be your best option- even if you have to use the equity in your home. The theory behind community property is that as spouses contribute to the marriage with income and maintain a household, they equally share in the accumulated assets and debts. We’re Available 24/7. As a result, a Chapter 7. 1. Construction bonds are also known as contract bonds, because. Content on this website does not. The key here is during the marriage. In 1995, the Arizona legislature made the disadvantage to community property disappear — they created a concept of “community property with right of survivorship. In a common law state, marital property is owned by the spouse that bought it. Example of Community Property: Personal Property. Divorce) or a Petition for Legal Separation. If not signed by both spouses, the guarantee can have little weight in attempting to collect against a married guarantor and is uncollectable since the marital community cannot be liable for the debt. A. Debts incurred during the marriage. Service Star Realty offers full-service property management to meet your requirements as either a homeowner or landlord. Collison’s Cadillac stayed separate goods or became community property. Currently, there are only nine community property states in the United States: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Knowing whether you live in a community property state may help inform how you. For the purposes of inheritance. A personal guarantee is an individual’s legal promise to repay the debts of a business in the event that the business defaults on the debt. N. They go as follows: Additionally, some states actually allow married couples to opt into community property rules. While there are several different coverage groups, the focus of this page is on long-term care Medicaid eligibility for elderly Arizona residents (aged 65 and older). ‘Bad boy’ clauses Bad boy clauses, also known as “carve-outs” are a conditional type of personal guarantee that kicks in when the borrower does something illegal or. Arizona generally defines community property as that acquired by the couple during marriage, irrespective of whose name it is under. If only one spouse signs a personal guarantee, that creditor cannot come after the. SDL Program funding is intended to expand consumer access to financial institutions by providing alternatives to high-cost small dollar lending. The spouses have equal management, control and disposition rights over their community property and have equal power to bind the community. Robertson, No. The property acquired is property of your community or “community property. Alter the duties and rights of either spouse with respect to the management of community property except as prescribed pursuant to section 25-315, subsection. Maximilian Julian is a partner at Gertsburg Licata. S. SUBJECT TO: Current taxes, assessments,. The average cost of homeowners insurance in Arizona is $1,589 per year according to NerdWallet. Divorce can be a messy process, and it can become. Description. As an Arizona State Bar Certified Specialist in family law matters in Arizona, I wrote in one of my prior blog articles that the Court may be able to treat accrued vacation pay as a. 3. The separate property of. Either spouse or either domestic partner, acting alone, may manage and control community property,. Louisiana. Community property is the legal idea that a married couple (or sometimes, domestic partnership) shares assets acquired during a marriage. Transfer After Filing of Petition Personal Property Gifts Obligation to Spouse. Schneider & Onofry is structured to meet the anticipated needs of specific groups of clients, ranging from individuals and families to major corporations. Referral number 602-257-4434. 1980) the Arizona Supreme Court took another look at the issue of whether a spouse’s personal injury award is community property or separate property. 01 (2015). Think of it as splitting all the important stuff 50/50. In the case of Leisure Lane it was determined the community contributed $39,741. C. . d. Arizona is a community property state and community property law controls the division of all assets of your marital estate. You can schedule your initial consultation by calling (480) 888-7111 or. The Agreement is made in accordance with Chapter 2 of Title 25 of the Arizona Revised Statutes. Personal injury Lawyer Licensed for 11 years. That means a married couple can have it all: they can get the full stepped-up basis for income tax purposes, but avoid probate, on the first spouse’s death. In addition, you may also lose access to the property itself. In 2003, Manuel and Carol Hernandez bought a home just outside Bullhead City, Arizona. A personal guarantee is a legal commitment by a business owner (and their spouse in AZ per our community property status) to repay a debt if the business cannot. Grants and devises to two or more persons; estates in common; community property with right of survivorship; joint tenants with right of survivorship on Westlaw. A. At least two California courts have ruled in landmark decisions that a quitclaim deed does not negate community property ownership. Property does not just include houses, cars, and bank accounts- intangible assets like retirement accounts, business interests, investments, and more must also be split. We are in Az. Either spouse separately may acquire, manage, control or dispose of community property or bind the community, except that joinder of both spouses is required in any of the following cases: 1. The separate property of a spouse shall not be liable for the separate debts or obligations of the other spouse, absent agreement of the property owner to the contrary. La Paz County Assessor 1112 Joshua Avenue, Suite 204, Parker AZ 85344 (928) 669-6165 Maricopa County Assessor 301 West Jefferson, Phoenix AZ 85003Property division in a divorce in Community Property Arizona can be complicated. Separate property will be the property of only one spouse. did not have a will, but you are related to the decedent as: 1. Manuel signed a new will, leaving everything to the couple’s. creation of a community lien on sole and separate property in arizona; community property laws about a spouse’s personal guarantee in arizona; choosing a valuation date when dividing assets in a divorce in arizona; can a spouse be held liable for credit card debt in arizona; calculating a community lien on a depreciating asset in arizona In Arizona, there is a presumption that all property acquired during a marriage is community property. *Nevada. The spouses have equal management, control and disposition rights over their community property and have equal power to bind the community. Change the status of community property used to acquire new property or the status of that new property as community property. ASRS shall use reasonable judgment to distribute the account in a manner that is consistent with Arizona community. creation of a community lien on sole and separate property in arizona; community property laws about a spouse’s personal guarantee in arizona; choosing a valuation date when dividing assets in a divorce in arizona; can a spouse be held liable for credit card debt in arizona; calculating a community lien on a depreciating asset in arizonaSimilarly, debts incurred during the marriage are generally considered community property debts. Most states also let you keep a couple of thousand dollars' worth of business equipment and tools of the trade, as well as money in tax-deferred retirement plans. Step 5. At Clark & Schloss Family Law, P. One half of the property is retained by the surviving spouse and the. In Arizona, community property refers to any property or assets acquired such as income, real estate, personal property, and debts acquired during the marriage. Stock had to determine if using community funds to purchase credit for time the husband served in the military before the parties were married transformed those years of service from the husband’s sole and separate property into community property. With traditional home insurance policies, the contents coverage amount is usually about 75% of the dwelling coverage. Alaska allows spouses to create community property by entering into a community property agreement or by creating. Even a stay-at-home. The U. Arizona is a community property state, thus the rights and obligations are substantially different after marriage. Property § 33-431. These downloadable forms are only for personal use. MARITAL PROPERTY RIGHTS AND LIABILITIES. With an A+ with the BBB, learn why On Q Property Management is the top management company in Chandler, Arizona. Release of. Right of survivorship is also offered with community property, meaning that if one spouse passes away, their. S. Arizona has a six-year statute of limitations for breach of contract under ARS 12-548. The quit-claim deed is not typically used for residential real estate purchase transactions. They took title as community property with right of survivorship. 003 (2022); Tex. Step 6. Process the financial transaction. Located in the heart of Downtown Mesa. E. There are three basic categories of property: (1) community property in which both spouses have an. Centrally located in the West Valley. R. Even if Amanda put the car title only in Amanda's name, some states will view it as community property as the purchase occurred during the marriage. If you sign a personal guarantee on a commercial lease that the business ultimately cannot pay, then you are liable for the unpaid balance of that lease. All property or debt that either spouse acquires during the marriage is likely. A. OnDeck: Best for short-term loans. 702, 705-06 (Bankr. However, a special rule applies to personal guaranties. Divorce laws vary by state, with some leaning more toward the community property concept. The Arizona Court of Appeals in the case of Bell-Kilbourn vs. For the consideration of Ten Dollars, and other valuable considerations, I or we, do hereby convey to. Income and debt are jointly owned in community property states unless the income or debt is. Both parties hold equal, shared ownership of the property, regardless of who contributed what to the purchase. No: Yes; Consensual liens have priority over homestead. R. Gertsburg Licata is a national, full-service business law and strategic advisory firm offering a full range of legal services. Personal guarantee - the drawbacks. § 33-452 - Conveyance of community property § 33-453 - Conveyance of homestead § 33-454 - Power of attorney from one spouse to the other to execute instruments relating to property § 33-455 - Conveyance of absolute title by judicial sale; effect upon rights of persons not parties § 33-456 - Passage of title to real or personal property by. If the tenant doesn’t pay rent or breaks the lease for other reasons, the guarantor would be held liable. What is It? A loan guarantee form is a legal document used to appoint a third party, the guarantor, who is obligated to pay back a loan if the borrower defaults. All property acquired during the marriage will be divided equally between both parties; it is known as community property in this state and applies to all types of possessions (both tangible and intangible), real estate, income, or debts that exist at the time of divorce. Download your copy of the Community Property Agreement, fill it in and sign it - it's so easy. Even though a guarantor may never have to make a personal payment toward the company’s debt, the guaranty may cause issues for the guarantor. Unlike some community property states, Arizona does not require the division of marital property in divorce to be exactly equal, but it must be fair and will usually be approximately equal. Arizona cases have held that it may enforce such disclaimer deed, and thus recognize the property as sole and separate. However, a couple can formally agree to hold real property as joint tenants. Nevada. Specifically, Arizona law requires both spouses to sign a personal guarantee for it to be valid as to community property. So in the above example, the husband’s assets would not be subject to seizure by the wife’s premarital student loan creditors. Service Types: Residential, commercial, and HOA. It covers both the timely delivery and condition of your items. Even if you do live in a community property state. The consequence for credit cards in community property states is that any card debt that. Personal guarantees are by definition unsecured, which means that they’re not. California, Nevada and Washington also include. In the event of a divorce, separation or death, community property can affect how assets are ultimately distributed. All. An increase in the value of that separate property during the marriage is also separate property. One of the benefits with community property is that the property receives a full step-up in basis. Arizona law describes what happens if the community invests money in the separate property of one spouse. Unless otherwise specified, community property in Arizona is held by both spouses equally. Contact The Presser Law Firm, P. 3. The 30th Way property had community contributions of $25,176. You were misled by the creditor when signing the guarantee, an act of fraud has taken place. c. The problem for a lender requesting a personal guaranty from a principal's spouse is that the federal Equal Credit Opportunity Act ("ECOA") has often been interpreted by courts as making it illegal for the lender to unilaterally require the guaranty without first meeting some strict criteria. See A. Chandler Property Management. Breach of contract claims can cover most issues related to construction defects, but those individuals dealing. "Caret Down. One year after meeting at a senior citizens dance in Mesa, Arizona in 1992, Anthony Toth and Gloria Snyder Toth were married (Anthony, age 87 and Gloria, age 66). California community property laws are. A sheriff’s deed is a deed granted at the end of a mortgage foreclosure, in which the sheriff, under the order of the court in the foreclosure case, grants ownership of the property to the successful bidder at the sheriff’s sale. Under this system, property acquired by a married person during the marriage is the property of that person separately, unless the person agrees with his or her spouse to hold the property jointly. )THAT the interests of the undersigned are being taken by them as Community Property with the right of survivorship. A personal guarantee is when a business owner, or business owners, signs a legally binding promise to repay a business loan personally. Download Type: Microsoft Word. In each state, you and your spouse have to create a community property agreement. Some banks require a spouse’s guarantee in addition to your own, so assets held solely in your spouse’s name are fair game for the lender. guarantee to citizens a. Property acquired during marriage as community property; exceptions; effect of service of a petition. Save. S. There's no protection from a company. Arizona rulings have recognized the community may gain a community property lien against the sole and separate property of a spouse if either spouse, through labor, effort, or payment of community money, increasing the. Arizona is a community property state,. Liability of Community and Separate Property ARS 25-215 b. Louisiana. The Arizona Court of Appeals in the published case of Stock vs. Change the status of community property used to acquire new property or the status of that new property as community property. concerned with limiting democracy. gov. New Mexico. The beneficiary can take title to the property without assistance from the executor. 33-431. Generally, a property that is acquired separately remains separate during the marriage. There are nine community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington,. These guarantees put personal assets of entrepreneurs on. In the case of real property owned by a husband and wife as community property with right of survivorship, the right of survivorship is extinguished as provided in § 14-2804 or on the recordation in the office of the recorder of the county or counties where the real property is located an affidavit entitled “affidavit terminating right of survivorship” executed by either spouse under. By assuring that the property attached to the note is of sufficient value to cover the amount of the loan, the payee thus has a guarantee of being repaid. In SPQR Venture, Inc. From an income tax. Doing so can help your spouse avoid probate or risk ownership due to competing interest from your heirs. A. ”. *Washington. 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. Real Property Management Evolve provides residential services to Phoenix and the surrounding areas with an emphasis on communication and customer service. This means that community property includes bank accounts, retirement accounts, income,. The business owner's personal guarantee is a separate legal agreement. A. 2016-232). Office Location. View property details of the 50981 homes for sale in Arizona. 02. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or. . #25-213. S. CREATION OF A COMMUNITY LIEN ON SOLE AND SEPARATE PROPERTY IN ARIZONA. 6/22/18), aff'g T. It specifies the amount owed, if interest will be charged, the interest. Community property or spousal interest: when property owned jointly between spouses or the spouse’s interest in pledged collateral is exempt from enforced collection. SUBCHAPTER A. Examples of community property in Arizona could include the following, though it may depend on how and when they were acquired: Bank accounts, whether held jointly or in each party’s separate names; Personal property including. Funding Circle: Best for long-term loans. Debts After Marriage d. A personal guaranty can secure the creditor by providing it with an interest in that officer’s personal property or personal real estate in the event that the borrowing company defaults or. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. The other 50% belongs to the surviving spouse who. Certified Legal Document Preparer Program. It found that any damages were a community debt. In addition, your personal guarantee could affect your family. Liability of a Spouse for Credit Card Debt in Arizona. , Suite 206 , Tempe , AZ - 85281 , Telephone No. C. 254. To be valid, each deed must meet the requirements of Arizona law. In an era in which divorce occurs in over half of the marriages and each spouse can engage in careers which can result in extensive debts, the issue of when does a spouse face liability to third parties for the debts of a husband or wife can become critical. C. ) you own as well. There are. Gifts and inheritances received during the marriage are also separate. Hildebrand Law, PC , 1095 W. § 25-211 Property acquired during marriage as community property; exceptions; effect of service of a petition § 25-213 Separate property § 25-214 Management and control § 25-215 Liability of community property and separate property for community and separate debts § 25-217 Ownership of property acquired after moving into stateWe would like to show you a description here but the site won’t allow us. For example, the trust must state that it is a community property trust, and be signed by both spouses. Wisconsin. Last reviewed November 2023. 1 CA-CV 14-0341 (App. Upon the death of the decedent, the co-owner becomes. Kelly and Connor have been married for 5. S. Law Comm'n 1984). If you as a business owner sign a personal guarantee, you could be putting you and your family’s financial future at risk. The nine community property states are: Arizona, California, Idaho,The individual signing this personal guaranty agrees to provide complete personal. Community Property. Generally the guarantee is given in favour of a creditor (such as a bank) and the contractual obligation is the repayment. Pima County Bar. If the landlord requires that both spouses sign the Personal Guaranty, try telling the landlord that the spouse who is not active in. Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin are community property states, as is Puerto Rico. 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. 3. The landlord argued that she was liable on her husband's personal guarantee because she was married and, as such, was responsible for his obligations to. , on the other hand, is that which was owned prior to the marriage. A. we make no guarantee that the information is accurate, complete, or up to date. Funds can be used to construct, enlarge, extend or otherwise improve essential community facilities. 1981) (dismissing complaint and cause of action as to spouse). Here are the requirements for using a small estate affidavit in Arizona: Personal property: To use an affidavit to claim personal property: the total value of the estate's personal property must be less than $75,000; you must wait at least 30 days after death, and; the estate must not be going through formal probate. 800-799-7233. 2d 59 (1973); Battiste v. Legally married persons can take title to the property as community property per A. If you are going through a divorce, you may have heard about a community lien on sole and separate property in Arizona. Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin are community property states. (See Fla. When one or both partners have debt coming into the marriage, the debt belongs solely to the person who incurred them. S. An estate in community property with right of survivorship may also be created by grant or transfer from a husband and wife, when. Mrs. Question: You have previously written in your column that a husband and a wife owning their home as Community Property with Right of Survivorship (” CPWROS” ) is superior for tax purposes, compared to Joint Tenants with Right of Survivorship (” JTWROS” ). The guaranteeing individual is known as the guarantor, and the entity that the business owes the money to is the creditor. Quick Answer. The Court reviewed case decisions about whether one spouse’s personal injury award is the separate property or community property in Arizona. Under this form of ownership, both spouses hold undivided shares of the whole, and when one spouse. In addition, it must be signed by all parties involved in the transaction and should be witnessed,. Since the community expired when the wife died, it was not possible to hold the husband liable. In summary. A Sole Proprietor Can Discharge a Personal Guarantee. These types of LLC. Second, personal guarantees in Arizona must be signed by both spouses in order to collect against community assets. online today or by calling (561) 953-1050 to. creation of a community lien on sole and separate property in arizona; community property laws about a spouse’s personal guarantee in arizona; choosing a valuation date when dividing assets in a divorce in arizona; can a spouse be held liable for credit card debt in arizona; calculating a community lien on a depreciating asset in arizona However, a special rule applies to personal guaranties. Since in CA and community property, lessor is apparently playing extra safe requiring both spouses to guarantee the lease. 16, § 15 (2022). To qualify for Small Estate Probate the total value of real property must be under $100,000 and/or personal property (everything not real estate) must be under $75,000. A Guide for Landlords and Tenants. 596 (Ariz. Updated September 12, 2023. A bank account or house with only one individual’s name on it still counts as community property if started or obtained after the union. 1512 (2022). When one spouse in a marriage dies, they have a right to pass on their property to others upon their death. Promissory Note, Borrowing Resolutions, Security Agreement, Deed of Trust & Personal Guaranty. Leaving aside this overarching problem, there is a. The pension plan does not need to be vested for it to be community property. Another typical example is if you have an accident because a hotel doesn't adequately light an area. Arizona doesn't require homeowners insurance by law, but if you finance your home, your lender may require you to have a homeowners insurance policy. take private property for public use. Your spouse-to-be has $10,000 in credit card debt in their name. The Arizona Court of Appeals in the published case of Stock vs. All community property, which can include real estate, bank accounts, brokerage accounts, etc. A bank account or house with only one individual’s name on it still counts as community property if started or obtained after the union. 18. (References 1 and 4) The pivotal factor is usually whether the real. In a community property state, marital property becomes community property, which is jointly owned by both spouses. Small estates with less than $75,000 in personal property and less than $100,000 in real property are exempt from probate. The same applies to other assets such as wages earned by either person or. § 33-431, there is a fourth option – community property with right of survivorship. An “in rem proceeding” refers to a lawsuit or other legal action directed toward property, rather than toward a particular person. Comparison pricing and features of other online tax. If not signed by both spouses, the guarantee can have little weight in attempting to collect against a married guarantor and is uncollectable since the marital community cannot be liable for the debt. Arizona is one of 10 community property states. . Arizona’s community property law for spousal debt is complex, so don't assume automatically that you must pay your spouse’s debt. In Donn v. When you sign a quit claim deed, you do not make any guarantees or promises about whether someone else also has a legal interest in the property. For example, in one jurisdiction, damages for personal injuries received by a married person are regarded as a community property, but an unliquidated claim or cause of action for personal injury damages is not a community property[x]. In community property states, all property acquired during the marriage will be split equally between the spouses should they ever divorce. Address: 2310 W Mission Ln Ste#4 Phoenix, AZ 85021. Choose the formatting from the authorized develop and obtain it on your system. Area. One half of the property is retained by the. In an Arizona Court of Appeals case argued by DMMG attorney Spencer Schiefer, the court clarified whether accrued vacation pay is community property. In divorce proceedings, personal property must be allocated as either the separate property of one spouse or the marital property of both spouses. Also, in Alaska married couples can choose to treat their. To help you find your perfect rental property, we also provide tenant. When filing separate returns, you must include 1/2 of the Arizona source income earned by the resident spouse. 7 103 reviews. Community Property. Community property. "Marital Property: A U. Step 7. MARITAL PROPERTY RIGHTS AND LIABILITIES. Also, in most states (except community property states, discussed above), a creditor can't take property that belongs to you and your spouse if the debt is in your name only. There are two types of "promise to pay" personal guarantees: limited and unlimited. AZ Rev Stat § 29-732. However, in most states, if the property acquired before the marriage by one spouse has risen in value due to the efforts of the other or both spouses, the actively appreciated value of the property. Let’s cover each of these concepts individually. Generally speaking, a non-filing spouse should not have their credit damaged because of their spouse filing. The community property is liable for a spouse's. Community property generally means that spouses equally share ownership of anything purchased, acquired, or paid for during the marriage no matter who uses the property, who paid for the property, or whose name is on the title to the property. In Arizona, each spouse is a co-owner of all property earned by the other spouse during marriage. WARRANTY DEED 1. In these states, if you get a guaranty from only one spouse, then only their separate property is subject to the guaranty. Fam. b. Classification of Debts/Rights of Creditors a. ARIZONA: Yes – However, if lender is looking to community property, such as wages or salary of the borrower spouse, for repayment of a mortgage loan, the non-borrower spouse must execute a marital community joinder to legally bind the marital community to the repayment of the mortgage loan. Like many western states, Arizona allows legally married couples to own real estate as community property, with or without rights of survivorship. In a proceeding for dissolution of the marriage, or for legal separation, or in a proceeding for disposition of property following dissolution of the marriage by a court that previously lacked personal jurisdiction over the absent spouse or previously lacked. So if you incur a debt, such as a credit card balance, while you're single and then get married, it won't automatically. Alter the duties and rights of either spouse with respect to the management of community property except as prescribed pursuant to section 25-315, subsection. 010 and 26. Now, under A. However, if the spouse’s efforts during. Personal property including furniture, pets, and household appliances. 928-271-5802. Universal Citation: AZ Rev Stat § 25-211 (2021) 25-211. comA personal guarantee may unenforceable if: The lender did not provide you with all the facts, which affected your decision to sign the guarantee. In most divorces, community property is sold unless both parties can. He may be reached at (216) 573-6000 or at mjulian@gertsburglicata. At least. Const. When one or both partners have debt coming into the marriage, the debt belongs solely to the person who incurred them. S. Therefore, if a guarantor’s community property is to be held answerable to the debt of a third party, it is critical for an extender of services or goods to get a written guarantee executed by both the husband and the wife. unwritten guarantees of individual liberty. There may be unintended tax consequences, loss of control and/or liability risks. The Arizona Court of Appeals recently reaffirmed a limit on creditors seeking collection of a premarital debt from the marital community. A litigation guarantee or a foreclosure report is issued for the judicial foreclosure of a real property security interest. However, the spouses’ community. Usually, a guarantor is needed when. As is reflected in IRS Publication 555 (Rev. A personal guaranty of another’s debt must be signed by both spouses for community property to be bound, otherwise. Answer : It depends. This is relevant for Arizona’s community property laws because of geography—modern-day Arizona lies on lands that used to belong to Mexico. Even as Arizona changed hands and jurisdictional. We are in Az. Message. Bell-Kilbourn made a decision regarding the effect of a Disclaimer Deed in a divorce in Arizona. Wells Fargo: Best for traditional bank. The separate property of a spouse shall not be liable for the separate debts or obligations of the other spouse, absent agreement of the property owner to the contrary. Even in community property states, not all assets are. For. In addition to AVVO's disclaimer, please note that by this answer no attorney client relationship is intended nor entered into and unless there is a signed retainer agreement in place, neither me nor. 928-257-4887. Important Fact About Personal Guarantees & Arizona Community Property. B. Community property is a state-level legal distinction that determines ownership of a married couple’s assets. Change the status of community property used to acquire new property or the status of that new property as community property. § 14-3971 Collection of personal property by affidavit; ownership of vehicles; affidavit of succession to real property. Retransmission, redistribution, or any other commercial use is prohibited. Anderson, 256 P. Creditors May Reach Community Property and Separate Property of Contracting Spouse e. 666, 668 (Bankr.