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#1798247 - 03/25/13 10:50 PM community property
Anonymous
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Is there anyone that is an expert in community property?

We have a house that is owned by spouses and jointly titled in their name. However, the loan for the property is only in the husband's name.

Husband and wife are guarantors on a business loan. Husband currently has payment listed as debt in his name solely (on our analysis of the loan), but since the property is a joint asset- should the payment amount be split between the two?

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#1798249 - 03/26/13 12:14 AM Re: community property Anonymous
Truffle Royale Offline

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I'm confused by your question.
Is this a business loan or a consumer loan?
How do you split payment amounts at all, but especially on a loan where the husband is the only borrower?
The wife is just signing off to relinquish her rights in the event of a foreclosure, not to assume any of the debt, especially since you didn't qualify her as a borrower.

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#1798251 - 03/26/13 12:34 AM Re: community property Anonymous
KPOC Offline
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Only the person who signs the note is liable on the debt. However, in community property jurisdictions, the bank is allowed to require the signature of the spouse on the mortgage, which evidences the bank's lien on the couple's home. While only one is liable on the debt, both will lose their home if he defaults (assuming both husband and wife signed the mortgage). That is my understanding. In your case it sounds like only the husband signed the note and therefore is soley liable to repay the loan. This is my understanding based on limited experience.

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#1798512 - 03/26/13 08:54 PM Re: community property Anonymous
Compli(cated) Offline
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Community property laws also govern debt collection - usually they will outline from what property debt can be collected (e.g. borrower's property, marital property, borrower's spouse's property).

I would imagine they are all at least somewhat similar, but you will have to look at your state law.
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#1798566 - 03/26/13 11:14 PM Re: community property Compli(cated)
Truffle Royale Offline

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Originally Posted By: Compli(cated)
Community property laws also govern debt collection - usually they will outline from what property debt can be collected (e.g. borrower's property, marital property, borrower's spouse's property).
To the best of my knowledge, they do not allow for splitting payments so as to collect half from the borrower and half from the person signing re: marital property.

I'm curious where the OP got the idea that this could be done. Hopefully they'll repost and explain.

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#1798568 - 03/26/13 11:28 PM Re: community property Anonymous
Anonymous
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OP here: This is just a question that is being posed to me. We want to make sure we are analyzing the assets and liabilities correctly. Since the property is owned by both and both are securing this new business debt, we want to make sure that are looking at all the information.

That being said, I don't see why it matters. We are counting both of their incomes and their debts, so regardless of how we apply it, it will be reported as a liability. So my thought would be to just continue to list it for the husband since it is his debt. I only see the issue coming up further if they were to separate...

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#1798572 - 03/27/13 12:23 AM Re: community property Anonymous
Truffle Royale Offline

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Their residence is being used as collateral on a business loan?
Quote:
We are counting both of their incomes and their debts,

Community property doesn't mean that you get to use the non-borrowing spouse's income in your credit analysis.
You can use the husband's or the business' but not the wife's.
She's not a borrower.
As I said above, she's just signing to relinquish her rights in the event of foreclosure. That means if you foreclose on the note signed by her husband, she can't stop you from taking the property.

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#1798842 - 03/27/13 05:16 PM Re: community property Anonymous
Anonymous
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They are both the borrower in this case. Sorry if that wasn't clear.

We are analyzing the assets/liabilities for both parties since they will both be guarantors of the loan. The question was if the debt owed by the husband (for a house they both hold the title to) needs to be split on the debt analysis between the two, or if it can just be left only being listed under the husband since he only technically owes on it.

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#1798849 - 03/27/13 05:28 PM Re: community property Anonymous
Andy_Z Offline
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Your internal analysis is up to you. Generally the new debt will be joint and several so in the case of death or divorce each owes it all. Or is it that you are trying to zero in on debt that is pre-marital or that is believed to be just one persons? In that case, it could vary from state to state if that debt is community property or just the spouses who entered into the contract.
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