If my mother would like to give me a house but she has asked that my husband sign a form to relinguish rights to the property, what form can you reommend?

I live in California.

Asked on July 24, 2012 under Real Estate Law, California


Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

You can tell your mother that he would have no right to the house anyway.  Gifts are not community property.  If your mother gifted the house to you or if you inherited the house--either way would be exceptions to community property, meaning that your husband would have no legal interest in the home.

Now, if she really wants to be extra-sure that he never has an interest, after conveying the property to you, she can have him sign a quitclaim, which says that he doesn't know if he has an interest in the property, but if he does he gives it you.  You can find quitclaims online or a local attorney can help you  out.


If you are in the Ventura County area, feel free to give me a call and I can prepare one for you.

Best of luck and congratulations on the house.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.