Can I buy a home in my name in California, without my wife’s name on the loan or deed?

My wife owns a home as her sole and separate property (California). She is in the process of short selling it. Meanwhile, I have excellent credit and would like to buy a home in my name, in California. It will be our primary residence. Can I do this before she sells her house?

Asked on May 17, 2009 under Real Estate Law, California

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Sure.  You are not rquired to buy property in both your names simply becasue you are married.  The bank does not care where they are getting their money from as long as they get paid.  You may add your wife to the title if you want after the short sale is done.  Or, you can transfer the property into an limited liability company so that the house is not exposed god forbid one of you are sued.


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