In Re Marriage of Barnes

Probate Code section 205 provides that a surviving spouse is personally liable for the debts of his or her deceased spouse which are chargeable against their community property. This appeal involves problems presented when a decedent’s former wife invoked the statute, to collect unpaid spousal support due her under a judgment which had dissolved their marriage, by obtaining a writ of execution on the judgment and having it levied on the community property of the decedent and his second wife.

In or before 1969, Marston Barnes (hereinafter Marston) brought an action for the dissolution of his marriage to Beverly Mae Barnes (Beverly). A judgment of dissolution, entered in 1969, ordered him to make monthly payments of money to Beverly as spousal support. He subsequently married Eleanor Barnes (Eleanor). He died on November 25, 1976, leaving Eleanor as his surviving spouse. The events next recited occurred in 1977.

On January 19, Beverly filed in the dissolution action a declaration entitled “Declaration In Support Of Motion For Issuance Of Writ Of Execution” (italics added) and a memorandum of points and authorities. In the declaration, she alleged the shbstance of the 1969…