FISCHER v. SOMMER

No. 1 CA-CV 88-154.

160 Ariz. 530 (1989)

774 P.2d 834

Ronald FISCHER, Plaintiff-Appellant, v. Linda SOMMER, Defendant-Appellee.

Court of Appeals of Arizona, Division 1, Department D.

May 23, 1989.


Attorney(s) appearing for the Case

Joseph C. Butner, III, Scottsdale, for plaintiff-appellant.

Allen, Kimerer & LaVelle by Gary E. Davidson, Sarah McGiffert, Phoenix, for defendant-appellee.


OPINION

KLEINSCHMIDT, Presiding Judge.

This appeal raises the question of whether a person may bring a separate action seeking to require a divorced spouse to contribute to the payment of a community debt that was not allocated in the property settlement agreement and decree of dissolution. We hold that such an action is permissible and that it is not necessary for the party seeking contribution to move to reopen the decree of dissolution.

For purposes...

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