Legal Question in Real Estate Law in California

I am not divorced but separated I owned property before the marriage and we have never comingled to property. The deed is in my name only. I need to refi under the program making home more affordable. They are telling me my ex must sign the deed because I live in CA is this correct? His name is not on the current deed. I am quallify for the loan on my income alone. Is there anyway around putting him on the deed?


Asked on 10/06/09, 1:55 pm

1 Answer from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

If you used community assets (typically the wages of either spouse count) to pay the mortgage or taxes for that property, the community may have an ownership interest in the property. If so, he probably has to be involved. If the community acquired NO interest in the property, you should be able to do it without him. The trick will be to get the lender to realize this. Are they just asking him to sign a "quitclaim" deed? If so, that is not a big deal. That is just him stating he has no interest in the property.

I have tried to give you a little basic information so that you can better understand your situation. However, you really need to discuss this in-depth with an attorney to fully understand your rights.

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Answered on 10/08/09, 1:59 pm


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