Can someone Co-sign for a house without spouse agreeing to it?

My sisters husband was asked by his brother to co-sign for him to buy a house and he said he is going to do it even without my sisters conscent. Is that possible? and will it affect my sisters credit in anyway if they end up not making the payments? Please help we live in CaliforniaCan someone Co-sign for a house without spouse agreeing to it?
The bigger question is why he would do something so financially big even though his wife doesn't want to. Co-signing is the same as signing. You have as much risk when you co-sign and the bank will come after the co-signer. I beleive she would be responsible for half of the debt since California is a community property state. The brother should ask himself why those people need a co-signer in the first place--it's because the credit history is terrible and they aren't good risks to pay on time. That is a tremendous liability to take on if you ask me.Can someone Co-sign for a house without spouse agreeing to it?
Well the moral of the story is, if they renig on making a house payment it will fault to his brother and the mortgage payment will go to the brother. I would call the city where you live and ask. I don't think this can be done, but it is possible if her name is not on the house. If her name is not on the house then he can do pretty much what he wants, and if the co-signer ends up paying the motgage payments then she is SOL (s. outta luck). It has to be in both names for both people to be responsible. If both names are on the house and the payments are not paid, it goes to the co signer and then they own the house and I do not know the perameters of that. You better call and make sure, the city tells all so you have to ask them. I hope it works out, take care Heather
if i were your sister, i would not pass go and i would not collect $200, i would RUN to the phone and call the nearest lawyer and find out!!!


BEFORE HE GOES AND SIGNS THOSE PAPERS!!!
Your sister's husband can get his brother to co-sign on the mortgage with him. That is perfectly OK.





Now California is a community property state, therefore, the lender will require his wife to quitclaim her portion of the property over to her husband and/or whom ever he gets to co-sign with him.





Since she will not be on the mortgage she will not be responsible for any payments at all. Now the only possible thing that might happen is that since she is married the mortgage just pop up on her credit report, so she should get and keep a copy of the loan doc's signed by her husband and his brother as proof that she is not a party to the mortgage.





I will not go in to the area of why a husband would make such a decision with his wife consent.





I hope this has been of some use to you, good luck.





';FIGHT ON';
Yes he can and I believe in the state of california she will be held liable as much as he is because it is a community property state.
I do not think so. The mortgage company is going to want his wife's signature also. It is required by law.
Just like Skip said if your sister is worried have her sign a Quit Claim Deed at Title this will clear her from any future mishaps that may happen. Also this will still keep one person's credit score in good standing if it already is just in case her husbands tanks for the brother not paying on the note.





Good luck and HAPPY LIVING!
Yes he can cosign without consent. It will only effect the cosigner if the loan defaults,however since they are married any financial stress will be shared. Therefore, it won't effect her credit only her relationship. But on the other hand, what if you needed your sisters help with a cosign, would she refuse? Don't have a double standard, it's not fair. Family is family...I personally would never deny my family anything...I would pay for the house myself if I had to. I love my brother and sister that much.

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