Legal Question in Family Law in California

My wife and I made an offer on a home to purchase, the offer was accepted. The husbands did not sign the acceptance offer. Apparently they are seperating or divorcing, can we proceed with the purchase of this home?


Asked on 8/17/12, 6:21 am

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Not until his interest in the home is established as none, or he deeds the property to his wife. Otherwise you are going to be tenants in common with the husband.

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Answered on 8/17/12, 7:32 am

Mr. Roach's answer would be correct but for one key problem. If the offer was to buy the whole house, not a half interest, which presumably it was, then you have no contract until both owners sign the acceptance unless one owner has a power of attorney to sign for the other.

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Answered on 8/17/12, 10:11 am


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