Legal Question in Credit and Debt Law in California

Re: ''Community Property liability on individual card holder''

technically the lender is right but in reality i have never seen them go after a spouse not on the account.

Re: ''Community Property liability on individual card holder''

Thanks for your posting. I like Ken's response to your question. Generally, in whose name the card was issued is NOT a determining factor in whose debts it was. Since all debts and all assets are presumed to be community property, the debt starts out being both of yours, and then if one party objects, you can litigate on what was charged with the card, and who paid for the charges on the card, and if the payments/charges were made from community property assets.

Re: ''Community Property liability on individual card holder''

You will want to look at Family Code Sec. 910-916, and more specifically, 913 and 914.

Sec. 913(b)(1) says that the separate property of a married person is not liable for a debt incurred by the person's spouse before or during marriage. In other words, your separate property is not liable for her separate debts .... unless,

Sec. 914(a)(1) says that you are personally liable for your spouses debt if the purchases that were made with the card "were for necessaries of life" of your spouse, while you were living together.

Basically, you need to look at what was purchased with the credit cards, and when. If she made purchases after you separated, you are not responsible for those. If she bought an extravegant diamond ring or booked a cruise for herself, those would not be considered the necessities of life.

The lender has rules, and, since it is their money, they don't have to lend it to you. Once you determine what the purchase were for, you can determine if any of your separate property can be attached. If it can't (and that would include your paycheck and your home), then the lender should be satisfied.

However, just your word that the items purchased do not subject you to attachment of your separate assets, does not mean that the lender will approve your loan.

You should probably contact the credit card company, and try to get them to issue a letter of non-responsibility, and to remove any reference to your credit report.

Good luck.