Can my spouse buy property in a community property state without my signature?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can my spouse buy property in a community property state without my signature?

We live in CA. I read somewhere that they cannot buy proprty unless I sign a quitclaim. If I don’t sign it, can my spouse still buy the property?

Asked on August 2, 2018 under Real Estate Law, California

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

People often purchase property separate and apart from their spouses.  However, many finance companies will require something like a quit claim deed to prevent the other spouse from interfering in any potential future foreclosure actions. So, yes, a spouse can buy property without the signature of the other spouse. Howver, the terms will simply be subject any requirements of a finance company.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption