If I’m separated but not divorcedand would like to buy a property with a partner, will my husband have any interest in the property if he signs a quitclaim deed?

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If I’m separated but not divorcedand would like to buy a property with a partner, will my husband have any interest in the property if he signs a quitclaim deed?

Will I have any problems when I decided to sell the property or to get a divorce?

Asked on October 24, 2012 under Family Law, California

Answers:

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

Answered 8 years ago | Contributor

Community property is property acquired during marriage.  Community property also includes income during marriage.  Each spouse has a one half interest in the community property.

Separate property is property acquired before marriage or after the marriage ends.  Separate property also includes income before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.

Property acquired after separation with no intent to reunite is your separate property, and your spouse has no claim.  Therefore, a quitclaim deed is not necessary.  A quitclaim deed releases one's right, title, and interest in the property.  It is signed in the presence of a notary and is effective upon being recorded.  Recorded means filed with the County Recorder's Office.

If you are separated with no intent to reunite, the property you purchase would be your separate property and your spouse would not have any claim to it.  Since your spouse has no claim to your separate property, a quitclaim deed is not necessary.


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