Legal Question in Real Estate Law in California
claiming Single unmarried person on title or deed
Can I person legally claim on a quick deed or trust that they are a single unmarried if they are really married. and what would the motovation be to say so if it isen't ture.
1 Answer from Attorneys
Re: claiming Single unmarried person on title or deed
This practice would seem to meet the definition of forgery (i tne criminal law arena) and also the definition of fraud in the civil law bailiwick. A prosecuter or plaintiff would have to charge and prove an intent to deceive.
The reason for doing this is usually to hide the existence of a community-property interest or a potential future pro tanto community interest.
It is of course legal for a married person to take and hold title to property as his or her separate property, but the deed must not say the person is unmarried or single if in fact at the time the person's legal status is "married."
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