Thank you for your follow up and further clarification, as I was under impression that you were not the judgment debtor, but a second husband, who had nothing to do with a judgment.

Even though the house is jointly owned, since the house is the community property, the judgment creditor can put a lien on the entire house and can foreclose on it and sell it at an auction to satisfy the judgment amount, if the judgment amount is not paid in full or settled.

Thank you for your follow up.

Unfortunately, because the house is a "community" property, both you and your wife had an undivided interest in it and the creditor of one spouse can have a claim and put a lien against the entire jointly owned house.

I am very sorry to provide you with this bad news and I would suggest that you do consult with a local attorney who might be able to negotiate the resolution of this matter which would keep your house out of danger of being foreclosed upon by the judgment creditor, by negotiating some type of a settlement or a payment plan with the judgment creditor.

Dear XXXXX,

Thank you for your follow up.

Unfortunately, because California is one of the few "community property" states, there is no such law that would require the creditor to sue both spouses and debts of one spouse can attach to the other spouse's assets or jointly held assets.

I wish I could provide you with better news, but please understand that I do have professional obligation to provide JustAnswer.com customer with correct and accurate answers, even if the answer is not favorable to the customer

Dear XXXXX,

The way the house can be foreclosed upon by the judgment creditor, is not through a voluntary signing of the deed to the house by you and your wife, but by a court action, where the creditor would file a lien and also would file foreclosure action and if the judgment creditor is successful, the judge would order a foreclosure and would put the house up for sale at the foreclosure auction, without any further consent needed from you or your wife.

Of course you and your wife will have a chance to be represented in the foreclosure case and to challenge the judgment creditor and the validity of the foreclosure action.

Thank you for your follow up.

Partition lawsuit has nothing to do with your situation and would only be applicable if the joint owners of the property are not married to each other.

Thank you for your follow up.

Any amount of the proceeds from the sheriff's / foreclosure auction that is left over after the judgment amount plus any additional applicable costs are paid, would be distributed to you and your wife accordingly.

Thank you for your follow up.

The judgment debtor and the spouse would equally share the amount of the proceeds that is left after the sale of the property and the satisfaction of the judgment amount.

Thank you for your follow up.

When the court orders foreclosure, the title would be clear, but any lien holders, such as mortgage lenders who have recorded their liens prior to the judgment debtor's lien would have to be paid off first and the remainder of the proceeds will be distributed to satisfy judgment amount and any remaining proceeds will be distributed equally to you and your wife.

If the property was acquired during the marriage and also the judgment debt was acquired during the marriage by you, the partition action would not be available to you and your wife under the California law.