If a married couple bought a home but only one spouse is responsible for the loan,can the lender go after the non-responsible spouse’s assets?

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If a married couple bought a home but only one spouse is responsible for the loan,can the lender go after the non-responsible spouse’s assets?

Asked on August 11, 2012 under Real Estate Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Community property is property acquired during marriage.  Community property also includes income during marriage and debts incurred during marriage.  Each spouse has a one half interest in the community property.

A creditor could go after both spouses since the house was purchased during marriage.  Mortgage payments are being made from income during marriage which is community property.


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