The Price of Marriage: Judge Hanford’s Ruling on Community Debt
A federal judge defines the unequal stakes for husbands and wives when a spouse faces a crushing legal judgment.
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Judge Hanford, of the United States court, yesterday rendered a decision of considerable importance in the law of community property in the case of Eva Levy vs. Thomas R. Brown et al. The plaintiff, by an affidavit and bond, attempted to defeat a levy by the marshal upon certain property under an execution issued upon a judgment against her husband, H. Emanuel Levy. The property levied upon consists of houses built by Levy upon leased property and rent money collected by the marshal. Judge Hanford concluded that while community real estate is protected by statute from a husband's separate debt, community personal property is not. Because the husband has absolute power of disposition over community personal property, the court ruled the judgment against the husband could be satisfied by seizing that property, denying the wife’s claim to it.
“Community personal property is not affected by said section of the code, and by another section the husband is given absolute power of disposition thereof.”
This ruling highlights the legal vulnerabilities embedded in 19th-century community property laws. While contemporary Washington law is more equitable, the story serves as a reminder of how quickly assets could be stripped from a household due to a spouse's debts.
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