Does my mothers husband have to sign a quick deed to for a house that she owns.

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Does my mothers husband have to sign a quick deed to for a house that she owns.

My mother wants to quick deed a home to me that she owns. She is married however
she owned the home before they were married. Only her name remains on the title
of the home. Will her current husband need to sign the quick deed?

Thank you in advance for your attention to this matter and your response.

Asked on August 30, 2019 under Real Estate Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Since your mother owned the home prior to marriage, it is her separate property. A spouse has no claim to the other spouse's separate property. Therefore, her husband has no claim to the house and doesn't need to sign the quitclaim deed.
The husband may be able to assert a community property interest in the house if income during marriage was used to pay the mortgage because that income is community property. If that occurred, the husband should sign the quitclaim deed. The husband could also assert a community property interest if he paid for improvements to the house during marriage which enhanced its value. Then, he should sign the quitclaim deed 
If the husband does not have any community property claim to the house, then he does not need to sign the quitclaim deed.
The quitclaim deed is signed in the presence of a notary. The quitclaim deed becomes effective upon being recorded (filed with the County Recorder's office). 


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