Legal Question in Credit and Debt Law in California

If they will loan to him without your signature he can do it. You are, however, jointly and severally liable for the debt even if you don't sign, because it is a community debt by law. So you are better off signing and being on joint title to the vehicle in the event of divorce.

I have to be honest with you, this is a first! I am so glad that you sought guidance before buying the car, because 99% of inquiries of this type occur after the loan has been made, and the other spouse (or ex-spouse) has already defaulted on the loan. At that point, it's too late!

The issue of your bank giving your husband, or you and your husband a car loan has little to nothing to do with how your bank account is held. The bank will underwrite the loan based on either his income and credit, or both of your income and credit. I strongly recommend the former (his only) if you believe you will be getting divorced, and the car will not be paid off by then. In a divorce, the Court can order your husband to make the car payments; however, if your name is also on that loan, you are still 100% liable for the payment of the loan regardless of what the Family Law Court ordered him to do. I see this very frequently where the spouse who did not keep the car and is not responsible for the loan according to the Family Law Court, is still on the hook with the bank. You usually don't find this out until the car is repossessed, and a deficiency established by the bank.

As you are unemployed currently, it is probably best to let your husband buy the car in his name only, and you avoid the whole complication of who is responsible for the debt after a divorce.

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