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DAWES v. RICH

Docket No. D027174.

60 Cal.App.4th 24 (1997)

STUART E. DAWES, as Cotrustee, etc., et al., Plaintiffs and Respondents, v. IRVING J. RICH et al., Defendants and Appellants. IRVING J. RICH et al., Plaintiffs and Appellants, v. STUART E. DAWES, as Cotrustee, etc., et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division One.

December 18, 1997.

Attorney(s) appearing for the Case

COUNSEL

Richard I. Singer and Elvi J. Olesen for Plaintiffs and Appellants and for Defendants and Appellants.

Nugent & Newnham and Meredith G. Alcock for Plaintiffs and Respondents and for Defendants and Respondents.

OPINION

BENKE, Acting P.J.

Under our system of community property law, the marital community is liable for debts incurred by either spouse before or during marriage. The first question we confront in this case is whether, upon the death of one spouse, such liability continues. The second question we confront is whether, if such liability attaches to a deceased spouse's estate, the Legislature...

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