11.2 Community Property.

• Jurisdiction: Arizona

Community property may be used to satisfy a guaranty obligation only if both spouses join in the guaranty. A.R.S. § 25-214(C)(2); Consolidated Roofing & Supply Co. v. Grimm, 140 Ariz. 452, 682 P.2d 457 (App. 1984); Hamada v. Valley Nat’l Bank, 27 Ariz. App. 433, 555 P.2d 1121 (1976). This is so even if the guarantor is a partnership entity. See First Interstate Bank of Ariz., N.A. v. Tatum & Bell Ctr. Assocs., 170 Ariz. 99, 821 P.2d 1384 (App. 1991) (marital community not liable under guaranty signed by only one spouse on behalf of general partnership guarantor). See also Zork Hardware Co. v. Gottlieb, 170 Ariz. 5, 821 P.2d 272 (App. 1991) (one spouse, acting unilaterally in signing promissory note, could not convert sole and separate guarantee debt into a community debt). But cf. Chase Bank of Ariz. v. Acosta, 179 Ariz. 563, 880 P.2d 1109 (App. 1994) and MacCollum v. Perkinson, 185 Ariz. 179, 913 P.2d 1097 (App. 1996) (in holding that a partner’s marital community can be held liable on a promissory note obligation securing real property signed by the partnership, these decisions may not be completely...