Will I be liable for anything regarding my soon-to-be ex wife’s home purchase if I sign an interspousal transfer deed?

We are still married but in the process of divorce and she is in the process of purchasing a home and wants me to sign an interspousal transfer deed (we live in a community property state). Could doing so have any negative implications for me?

Asked on February 5, 2016 under Family Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I am assuming when you say "soon to be ex-wife" that there is already an action that has been started in court and that maybe the bank that could be holding the mortgage is asking for extra protection, so to speak, by having you reanfer any right you may have to the property?  You should not be on a deed for a house that she is purchasing now, after the action has begun.  It would be considered separate property.  There should not be any legal implications but I would put a clause in your settlement agreement about the house and that she is to hold you harmless, etc.  Please seek help from you matrimonial attorney. 

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