Legal Question in Real Estate Law in California

Courts do have the power to order the clerk to sign someone's name to deeds and similar instruments when the person herself or himself refuses to do so despite the court's judgment or order that something be done, i.e., that property be transferred to carry out a property split upon dissolution of marriage. If this is what's happening here, you do not have a complaint as to the process itself -- the judge's alternative would be to lock you up for contempt of court until you agreed to sign. This is not to say you have no right to appeal, but you would need some ground other than this process, which is perfectly legal and not all that unusual.

What Mr. Whipple refers to is commonly called an appointment of elisor. He assumes, as do I, that you are in a court proceeding and have refused to execute an interspousal deed pursuant to either a settlement agreement or court order.

If you weren't subject to a court proceeding, a deed would have to be executed by you, and the notary witness your signature. You would then deliver the deed to your husband. In that situation, execution by someone else would be inappropriate.

As the other attorneys have said, it depends on the circumstances of the situation. If you would care to elaborate we could provide a better answer.