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Borrowing Without My Spouse

I am married, but want a loan in just my name, not with my wife. Can the bank force her to sign on the loan?


No. In many cases a spouse may be required to sign on security agreements in order to pledge jointly owned property which is being pledged to the loan. They may receive documentation to make them aware of the assets being pledged, but they may not be forced to sign the loan.

This doesn't mean there may not be any obligation imposed upon them, however. Some states recognize community property. The rules of these states can vary and income from a non-signing spouse may actually be attainable by a creditor, even if your spouse did not sign the loan. Your lender can tell you for certain what the rules are for your state. You may also be able to research this for your state starting at the Attorney General's website and those of legal groups. There are nine community property states, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. Puerto Rico also recognizes community property.

Published on BankingQuestions.com 7/28/06