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.
_________________________
The opinions expressed here should not be construed to be those of my employer:
PPDocs.com