Friday, March 27, 2015

In California, if a husband signs an unsecured promissory note, is the wife also responsible for the debt if she did not sign it (and/or had...

Question

In California, if a husband signs an unsecured promissory note, is the wife also responsible for the debt if she did not sign it (and/or had no knowledge of it)?



Answer

Yes, to the extent of her interest in the community property of the couple, because the same way assets automatically become community property, so does debt acquired during the marriage. If she has assets that would be legally separate property in a divorce, however, those assets would not be available to satisfy the debt.



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