Dawes

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 limited the time in which such liability may be asserted. We answer both questions in the affirmative and affirm the judgments of the trial court in favor of trustees of the estate of a deceased spouse.

I

Factual and Procedural Background

At all relevant times the Rancho Carlsbad mobilehome park was owned by Western Land & Development Company (Western), a general partnership consisting of David F. Dawes and Ronald S. Schwab. In the early 1980’s the tenants of the Rancho Carlsbad park engaged in litigation against Western, Dawes and Schwab with respect to rent increases Western attempted to impose on the tenants. Eventually, the tenants brought three actions in which Dawes was named as a defendant. In those actions, the tenants sought to rescind rent increases imposed in 1981 and 1982 and damages.

In 1983,…