Legal Question in Family Law in California

In calif. am I responsible for my husbands loan if I did not cosignZ>


Asked on 2/11/11, 6:43 am

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

That's a simple question with a tricky answer.

If you did not sign the promissory note, you are not personally liable on the loan. It is not clear from your post, however, whether you are on title to property that was made security for the loan. Most lenders requires security, and your signature would be required to grant a security interest in any property that you hold title to. The California Supreme Court has held that a nonconsenting spouse can void a trus deed executed by only one spouse during the marriage. (Droeger v. Friedman Sloan & Ross (1991) 54 Cal.3d 26, 36-39.)

If the lender files an action on the promissory note, it would file that action against the person who signed the note, i.e. your husband. If the lender obtained a judgement, during your marriage, all of his separate property and the community property could be looked to, to satisfy the judgment.

Those are general rules. It is not clear from your post when this occurred, and whether or not you are divorcing, are still married, or have divorced.

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Answered on 2/11/11, 8:26 am


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