If a husband decides to buy property with his son, can his wife be made responsible for the mortgage debt as well?

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If a husband decides to buy property with his son, can his wife be made responsible for the mortgage debt as well?

Even though she would sign a quit claim deed, that she has no interest in the property, can they still go after her, in the case if joint tenants don’t make payments. Husband might put large down payment as well but does not want wife to be part of it; wife is stressed out about her responsibility for the debt. They live in a community property state.

Asked on December 13, 2011 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. If the property being purchased is not a residence for the son or husband to reside in and subject to the purchase money anti-deficiency statutes in many states, there is the possibility that the community assets of the husband and wife could be responsible for any deficiency in the event that the purchased property is foreclosed upon where the foreclosed price is less than the loan owing on it.

Under community property law, the wife could very well be subject to liabilty for this debt arising during her marriage to the husband in the event of a foreclosure. I suggest that a real estate attorney be consulted with at this time.


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