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

Answers:

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.


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