deElche v. Jacobsen: Recovering from Community Property for a Separate Tort Judgment

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Seattle University Law Review, Vol: 6, Issue: 1, Page: 139

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McFaul, Joseph R.
community propery; tort; tortfeasor; community tort; Family Law; Legal Remedies; Torts
article description
This note critically analyzes deElche against the historical background of community property statutes and evaluates its effect on previous case law that subverted community property principles, resulting in injustice to either the victim or the tortfeasor’s spouse. While deElche does not explicitly overrule these cases, it casts doubt on their current vitality. This note also responds to the dissent’s criticisms, and discusses the scope of the deElche decision.