Legal Question in Real Estate Law in California

In general, spouses are responsible for each other's debts.

A sometimes-important exception is that a spouse's separate property is NOT liable for debts of the other spouse. However, most assets, money, income, etc. that married people have or earn during marriage is community property and can be tapped for the other spouse's debts by his or her creditors.

See Family Code sections 910 to 914 at www.leginfo.ca.gov/calaw.html

However, fully understanding the situation requires a little more information. First, lenders must "go after the collateral" before they can pursue individual borrowers for repayment of mortgages and notes secured by deeds of trust. If the collateral is insufficient, the lender may or may not have a right to pursue the borrower individually. If the lender does not have a right to pursue your spouse for a shortfall in foreclosure proceeds, then neither does the lender have a right to pursue you.

With limited exceptions, a lender cannot pursue a borrower (or a borrower's spouse) for a deficiency in foreclosure proceeds if (a) the lender foreclosed by trustee's sale rather than via a court proceeding, or (b) the loan being foreclosed was a purchase-money loan for an owner-occupied residence.