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#177449 - 04/06/04 09:13 PM MARITAL INCOME

I have a married couple where one is employed and the other not. The unemployed person wants to borrow against property that is in her name only. (Not homestead) I need his income to support payment. Can I require that he be on the loan to support payment or does she have right to his income through marital property act?

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#177450 - 04/07/04 03:02 AM Re: MARITAL INCOME
rlcarey Offline
10K Club
Joined: Jul 2001
Posts: 79,637
Galveston, TX
Generally, in community property states, either spouse has the right to commit the earned income of the other spouse. However, they don't have the right to commit future income. In order to preserve your right to attach the spouse's future income, you could make an argument that you need the spouse's signature on the note to preserve your "security interest" in their future income. However, prior to using this tactic, I highly recommend that you obtain an opinion from a competent attorney within your jurisdiction, as the application of community property laws ary in application depending on your specific state law and historical court decisions.
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