Legal Question in Real Estate Law in California

"Having Alzheimer's disease" covers a wide range of decreasing mental capacity, and the law is fairly slow to consider a person incapable of understanding and executing legal instruments. I'd say a person with moderate Alzheimer's would probably be considered legally competent. However, I certainly can't make the determination via the Internet. This situation is controlled, I think, by Family Code sections 1102 and 1103, which you should look up and check. Then, maybe have a disinterested witness, possibly a lawyer or physician, present for the deed signing IF you feel she is competent to understand the nature of the deed and her relationship to the property to be conveyed. If anyone doubts that she understands deeds and knows of the property, proceed under Family Code 1103 (which in turn refers you to the Probate Code, which I don't have handy).

I agree completely with Mr Whipple as to the execution of a deed by the spouse diagnosed with an alzheimer's condition. Such a diagnosis does not, by itself, mean incapacity which would prohibit sufficent capacity to execute a deed. Such an act would not remove the requirement to treat the sale proceeds as a community asset.

If there is not sufficent capacity, the probate code provisions set forth procedures to allow such transactions, but generally will require petition to the court or a conservatorship. You should consult with an estate planning attorney on how to proceed,and whether an conservatorship is appropriate or necessary.

This type of circumstance is one of the many which prove why the use of a living trust is so important as an estate planning tool. If she has the capacity to do so, I would strongly recommend such a trust be created. See estate planning counsel on the definition of capacity for this purpose.

While I agree with the previous answers, I'm going to simplify them for you. If there is any doubt as to your wife's mental capacity to fully understand that she owns a community property interest in the house and that she intends to and does in fact convey it to a new owner by signing a purchase and sale agreement, followed by a grant deed, and all the other related documents for a sale, then you must get a conservatorship before selling the property. Quite frankly any competent and ethical real estate agent or broker won't even accept the listing if there is any doubt of your wife's capacity, and will require a conservatorship before handling your sale. Any agent or broker who does NOT either confirm your wife is fully competent or require a conservatorship is a person who will cut other corners; you should not deal with them. You need to discuss this with your wife's doctor and a competent local estate planning, probate and elder law attorney to determine exactly how you need to proceed.