Legal Question in Credit and Debt Law in California

Trust Deed by one spouse

My husband and I are separating. I want to repay a debt that I incurred (that my husband knows about) and he is dragging his heels in helping me arrange the financing. We own two homes with much more equity than the debt requires. I am pushing to sell or refinance one of the homes to get the cash. I'd like to know if I can obtain a loan from a family member and secure it with a trust deed on one of the properties without my husbands signature or does it require that we both sign the trust deed since we are own both properties as Joint Tenants.

Thanks in advance.


Asked on 10/07/02, 9:48 am

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Trust Deed by one spouse

A dissolution filing would stay any actions, but if that hasn't been filed, you likely can borrow the money. A lender will usually insist on both owners signing the loan, though.

Read more
Answered on 10/07/02, 12:26 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California