Legal Question in Family Law in California

My husband and I live in California and are getting a separation. He was served Jan. 19th and the papers were filed on Feb. 16. I am the petitioner and have to go to some sort of workshop on May 4th. We agreed on everything and part of the agreement was to sign the house over to him free and clear.

A few weeks ago he decided to refinance the house that is in both of our names. He now wants me to sign his refinance papers, which I don't think that I should do. But, my bigger question is, is there a way to sign the house over to him and, if so, should I do that before the separation is finished?

I appreciate any advice that you can give me.


Asked on 3/22/12, 12:16 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

It sounds as though both your names are on title. The refinancing lender is not going to want to fund the refinance unless all parties who are on title sign the new deed of trust that will encumber the residence. If you are going to be signing the house over to him, the lender may want either a quitclaim from you, or an interspousal transfer deed, that leaves title in only his name. Whether or not he will still be able to refinance would be between him and the lender.

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Answered on 3/22/12, 10:47 am


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