Am I liable for my wife’s debt?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Am I liable for my wife’s debt?

My wife is on the title of our house but she is not on the mortage loan. She has a judgement against here for some unpaid car loan. Can they put a lein on my house and, if so, do I have any recourse or can I challenge the validity of the lein since it is not my debt?

Asked on June 26, 2016 under Real Estate Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In CA, the community property is liable for the debts of either spouse. However, while the community property may be liable for your spouse’s debts, you aren’t personally liable if you didn’t also incur the debt which means that your spouse’s creditor can’t reach your separate property. Bottom line, your home can legally be leined.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption