the community property, and deal with it in his stead, and convey or otherwise dispose of it for the support of herself and children. Slator v. Neal, 64 Tex. 224; Wright v. Hays, 10 Tex. 130; Fullerton v. Doyle, 18 Tex. 12; Lord v. Hough, 43 Cal. 581. And under such circumstances her conveyance of community real estate although the title stands in the husband's name will be upheld even as against subsequent bona fide purchases from him. Forbes v. Moore 32 Tex. 199; Zimpleman v. Robb, 53 Tex. 274.

Like any

Sec. 77. Dissolution of the community. other partnership, death of either party dissolves the conjugal partnership, and the survivor takes the control of all community property for the purpose of paying the community debts. Such property is the primary fund for the payment of all community debts. Christmas v. Smith, 10 Tex. 123; Tompkins' Est., 12 Cal. 114; Durham v. Williams, 32 La. Ann, 162. And such survivor may generally settle up the community with or without statutory authority either in court or out of it. Sanger v. Moody, 60 Tex. 96; Wenar v. Stenzel, 48 Tex. 489; Hawley v. Bank, 26 La. Ann. 230; Williams v. Fuller, 27 La. Ann. 634; Packard v. Arellanes, 17 Cal. 525; Cook v. Norman, 50 Cal. 633. The undivided onehalf of the community property belongs to the survivor after the payment of the community debts. Broad v. Broad, 44 Cal. 228; Payne v. Payne, 18 Cal. 291; Kellar v. Blanchard, 21 La. Ann. 38; Cockburn v. Wilson, 20 La. Ann. 39; Bell v. Schwarz, 56 Tex. 353; Carter v. Connor, 60 Tex. 52.

Upon the death of one of the parties Community Property is held by the survivor and the heirs of the deceased as tenants in common. Caruth v. Grigsby, 57 Tex. 259; Good v. Coombs, 28 Tex. 34; Broad v. Murray, 44 Cal. 228; Hickman v. Thompson, 24 La. Ann. 264; Dickson v. Dickson, 36 La. Ann. 453. The heirs of such decedent become vested with the title to such decedent's share immediately on his death, but they are bound to await a liquidation to recover it. Tug well v. Tug well, 32 La. Ann. 848; Glasscock v. Clark, 33 La. Ann. 584; Broad v. Murray, 44 Cal. 228. The survivor may convey or mortgage the community property entire for the payment of community debts. Johnson v. Savings

Union, 63 Cal. 556; McAlister v. Farley, 39 Tex. 552; Sadler v. Kimbrough, 24 La. Ann. 534. The heirs may restrain the survivor from wasting or improperly disposing of the community property. Griffin v. Ford, 60 Tex. 501; Hawley v. Bank, 26 La. Ann. 230. Such heirs also have a claim against the community property for any separate property of the deceased which has been taken into the community. Smith v. Creditors, 21 La. Ann. 241.

Divorce or legal separation effects a dissolution of the community, and a partition or division of the community property may be had between the parties. De Godey v. Godey, 39 Cal. 157; Mann v. Mann, 24 La. Ann. 437; Rice v. Rice, 21 Tex. 58; Ray v. Ray, 1 Idaho, 568; Carite v. Trotot, 105 U. S. 751; Cal. Civ. Code 1881, §§ 141, 146, 148; Nev. C. L. 1873, § 162.

Sec. 78. Creditors rights, &c. As we have shown the community property is the primary fund for the payment of all the community debts and to it the creditors of the community are bound to look first for the satisfaction of their claims. In this respect the community resembles a partnership in that the rule of law is, that the partnership property is first liable for debts of the partnership. The community property is also liable for the debts of the wife contracted before marriage but is not liable for any debt of hers contracted during coverture except for debts contracted for necessaries. Vlautin v. Bumpus, 35 Cal. 214; Van Maren v. Johnson, 15 Cal. 308; Taylor v. Murphy, 50 Tex. 291; Nash v. George, 6 Tex. 234; Barbet v. Roth, 16 La. Ann. 271. The community property is liable not only for all debts of the husband contracted before marriage, but for all debts of his contracted after marriage. This for the reason that the law gives the husband absolute control of the community property during the existence of the community, with power to absolutely dispose of such property, he can therefore charge it absolutely with his debts. Davis v. Compton, 13 La. Ann. 396; Portis v. Parker, 22 Tex. 699; Forbes v. Dunham, 24 Tex. 611; Jones v. Jones, 15 Tex. 143; Hawley v. Bank, 26 La. Ann. 230; McDonald v. Badger, 23 Cal. 393; Adams v. Knowlton, 22 Cal. 283; Tompkins v. Tompkins, 12 Cal. 114.

But the community estate, in its entirety, is not liable for a debt contracted by either party after a dissolution of the community partnership. Thezan v. Thezan, 28 La. Ann. 442.

As the community property is the primary fund for the payment of community debts, all such debts must be settled before the survivor or the representatives of the deceased member can take any separate personal interest in the property. Jones v. Jones, 15 Tex. 143; Good v. Coombs, 28 Tex. 34; Dickson v. Dickson, 33 La. Ann. 1370; Baird v. Lemee, 23 La. Ann. 424; Tompkins v. Tompkins, 12 Cal. 114. Judgment creditors have a lien against the community property as an entirety and cannot have any particular part set aside for the satisfaction of their debts. Good v. Coombs, 28 Tex. 34. In a foreclosure suit against the community the wife should be made a party. Burton v. Lies, 21 Cal. 87. A joint judgment against the husband and wife without specific directions as to the estate to be taken to satisfy it may be satisfied out of the community property or out of the separate property of either the husband or wife. Howard v. North, 5 Tex. 290, (51 Ann. Dec. 769); Abat v. Atkinson, 21 La. Ann. 239. But when the wife's separate property is subject to a lien which also includes property of the community, the community property must be exhausted before the wife's separate property can be taken. James v. Jacques, 26 Tex. 321.

Sec. 79. Arizona.—“All property acquired by either husband or wife during the marriage, except that which is acquired by gift, devise, or descent, or earned by the wife and her minor children, while she has lived, or may live, separate and apart from her husband shall be deemed the common property of the husband and wife, and during coverture may be disposed of by the husband only." R. S. 1887, Par. 2102.

"The community property of the husband and wife shall be liable for the community debts contracted by the husband during marriage, except in such cases as are especially excepted by law.” Ibid. 2106.

"The wife may contract debts for necessaries for herself and children upon the credit of her husband, in which case she and her husband must be sued jointly." Ibid. 2107.

"Upon the trial of any suit as provided for in the preceding section, the court shall decree that the execution be levied-first, upon the common property, second, upon the separate property of

the husband, third, upon the separate property of the wife." Id. § 2108.

"Upon the dissolution of the marriage relation by death,all the common property belonging to the community estate of the husband and wife, shall go to the survivor if the deceased have no child or children, but if the deceased have a child or children, his survivor shall be entitled to one-half of said property and the other half shall pass to the child or children of the deceased." Ibid. 1467.

"In every case the community estate passes charged with the debts against it." Id. § 1468.

"On and after the day on which the action for divorce shall be brought it shall not be lawful for the husband to contract any debts on account of the community, nor to dispose of the property belonging to the same; and any alienation made by him after that time shall be null and void, if it be proved to the satisfaction of the court that such alienation was made with a fraudulent view of injuring the rights of the wife." Ib. 2117.

"At any time during a suit for divorce the wife may for the preservation of her rights require an inventory and appraisement to be made of all community property which is in the possession of the husband, and may obtain an injunction restraining him from disposing of any part thereof in any manner." Ibid. 2118.

"The court pronouncing a decree of divorce shall also decree and order a division of the estate of the parties in such a way as the court shall deem just and right, having due regard to the rights of each party and their children, if any." Ibid. 2114.

Notes. The law presumes that property conveyed to the wife, during coverture, for a money consideration is community property. But such presumption may be overcome. Charauleau v. Woffenden, 1 Ari. 243. The community system has no dower or courtesy. Stiles v. Lord, 11 Pac. Rep. 314. The husband has entire management and control of community property with absolute power of sale. Stiles v. Lord, 11 Pac. Rep. 314. Property purchased during coverture by the wife with rents and profits of her separate estate is not subject to any marital rights of the husband. Woffenden v. Charauleau, 11 Pac. Rep. 117. “If the claimant be married the homestead may be selected from the community property;" and when the homestead is taken by a married person, the land so taken will be held by husband and wife as joint tenants, and after the death of either the title shall vest in the survivor. R. S. 1887, §§ 2074-2077.

Sec. 80. California.-"Community property is property acquired by husband and wife, or either, during marriage, when not acquired as the separate property of either." 2 Deering's Codes and Statutes 1885, Sec. 687.

"All other property acquired after marriage by either husband or wife, or both, is community property; but whenever any property is conveyed to a married woman by an instrument in writing the presumption is that the title is thereby vested in her as her separate property. And in case the conveyance be to such married woman and her husband, or to her and any other person, the presumption is that the married woman takes the part conveyed to her as tenant in common, unless a different intention is expressed in the instrument; and the presumption in this section mentioned is conclusive in favor of a purchaser or encumbrancer in good faith and for a valuable consideration. And in cases where married women have conveyed real property which they acquired prior to May 19, 1889, the husbands or their heirs or assigns, of said married women shall be barred from commencing any action to show that said real property was community property or to recover said real property from and after July 4, 1894." Ibid. Sec. 164 as amended March 3, 1893. Acts 1893 p. 71.

"The husband has the management and control of the community property, with the like absolute power of disposition, other than testamentary, as he has of his separate estate, provided, however, that he cannot make a gift of such community property, or convey the same without a valuable consideration, unless the wife in writing consent thereto." Ibid. § 172 as amended March 31, 1891. Acts 1891 p. 425.

"The property of the community is not liable for the contracts of the wife, made after marriage, unless secured by a pledge or mortgage thereof executed by the husband." Ibid. § 167.

"Upon the death of the wife the entire community property without administration, belongs to the surviving husband, except such portion thereof as may have been set apart to her, by judicial decree, for her support and maintenance, which portion is subject to her testamentary disposition, and in the absence of such disposition, goes to her descendants or heirs, exclusive of her husband." Ibid. § 1401.

"Upon the death of her husband, one half of the community property goes to the surviving wife, and the other half is subject to the testamentary disposition of the husband, and in the absence of such disposition goes to his descendants equally, if such descendants are in the same degree of kindred to the deceased; otherwise, according to the right of representation; and in the absence of both such disposition and such descendants, is subject to distribution in the same manner as the separate property of the husband. In the case of the dissolution of the community by death of the husband, the entire community property is equally subject to his debts, the