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 11 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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