12 CFR 227.12
(b)(1) Cosigner means a natural person who assumes liability for the obligation of a consumer without receiving goods, services, or money in return for the obligation, or, in the case of an open-end credit obligation, without receiving the contractual right to obtain extensions of credit under the account.
(2) Cosigner includes any person whose signature is requested as a condition to granting credit to a consumer, or as a condition for forbearance on collection of a consumer's obligation that is in default. The term does not include a spouse whose signature is required on a credit obligation to perfect a security interest pursuant to state law.
(3) A person who meets the definition in this paragraph is a cosigner, whether or not the person is designated as such on the credit obligation.
I see no exemption for a spouse in this definition. Maybe it could be argued that "what's his is theirs" in a community property state, but then again, the signature of the spouse in a community property state would be tricky in this situation unless the spouse had property under "sole ownership".
_________________________
The opinions expressed here should not be construed to be those of my employer:
PPDocs.com