Community debt is debt incurred during the marriage that Arizona law treats as an obligation of the marital community rather than of one spouse individually. The presumption is that debt incurred during marriage is community debt. That presumption can be overcome but the burden is on the party claiming the debt is separate.
Community debt allocation in a divorce decree divides responsibility between the spouses but it does not bind the creditor. A lender who holds a joint debt can still pursue both parties regardless of what the decree says. Indemnification language protects the spouse who was allocated the debt.
The timing of debt matters. When was it incurred. Was it incurred before marriage, during marriage, or after service of the petition. Was it incurred for a community purpose or for one spouse's separate benefit.
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