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MacCOLLUM v. PERKINSON

No. 1 CA-CV 94-0001.

185 Ariz. 179 (1996)

913 P.2d 1097

M.S. MacCOLLUM, M.D., Plaintiff-Appellant, Cross-Appellee, v. John W. PERKINSON and Verna Perkinson, husband and wife; Douglas E. Smith and Jane Doe Smith, husband and wife, Defendants-Appellees, Charles L. Regester and Joan Regester, husband and wife; Defendants-Appellees, Cross-Appellants.

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

As Corrected March 13, 1996.

Attorney(s) appearing for the Case

The Law Office of John R. Tellier by John R. Tellier, Phoenix, and Hammond, Natoli & Tobler, P.C. by Phil B. Hammond, Phoenix, for Appellant/Cross-Appellee MacCollum.

Grant, Williams, Lake & Dangerfield, P.C. by L. Richard Williams, Mark C. Dangerfield, Phoenix, for Appellees Smith.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by Richard M. Lorenzen, Phoenix, for Appellees/Cross-Appellants Regester.

OPINION

TOCI, Judge.

The first issue raised in this appeal is whether only one spouse's signature on a partnership note and deed of trust is sufficient to bind the marital community. We conclude that because the marital community has only a personal property interest in partnership property, the marital community does not acquire "an interest in real property" when the partnership acquires real property. Thus, one spouse's signature on a partnership note and...

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