Your husband is not liable for your debt on the 2nd property as it was your separate property debt. 2nd mortgage is an unsecured creditor. They can ding your credit and they can sue you. If they get a judgment against you they can collect by seizing your separate property or community property, but only as to your interest in the community. The creditor can record a lien against your primary residence by using an Abstract of Judgment if they get a judgment against you.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
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