40-3-4: Contracts of indemnity; no obligation of community property unless signed by both husband and wife.
Where this section sits in the code
- Chapter 40 - Domestic Affairs
- ARTICLE 3 Property Rights
It is against the public policy of this state to allow one spouse to obligate community property by entering into a contract of indemnity whereby he will indemnify a surety company in case of default of the principal upon a bond or undertaking issued in consideration of the contract of indemnity. No community property shall be liable for any indebtedness incurred as a result of any contract of indemnity made after the effective date of this section, unless both husband and wife sign the contract of indemnity.
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