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Marriage of Stitt

Court of Appeal of California

147 Cal. App. 3d 579 (1983)

Relevant factsFree

Mr. Stitt (defendant) and Mrs. Stitt (plaintiff) were married while Mrs. Stitt worked as a manager for Zingo's and embezzled money from her employer, with no evidence Mr. Stitt benefited. Zingo's sued her civilly, and she was separately convicted of embezzlement and ordered to pay restitution as a probation condition; she sold her separate property to cover it. Two law firms represented her in the civil and criminal matters, and after the couple separated she executed a trust deed on the community's Hageman Road property, titled in her name, to pay the remaining attorney's fees. The trial court found the attorney's fees were her sole obligation, not a community debt, and she appealed.

IssueFree

Whether the community is liable for a debt incurred as a result of one spouse's tortious or criminal activity.

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