Am I liable for my wife’s debt?

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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 4 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.


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