Legal Question in Real Estate Law in California

I can't determine from your question whether your husband's actions have been consistent with your community interest in the home. Certainly I would not sign a quitclaim deed for him without having an independent lawyer look at the transaction.

As a lawyer I am immediately suspicious that your husband is up to no good, because this does not make any sense. Perhaps he is just confused or does not understand what the lender or mortgage broker is telling him, but what he is saying is just plain wrong. First off, no commercial lender will refiance a debt owed by husband and wife on property owned by husband and wife, without the wife being in on the transaction. Even if he went to a private money lender, it would be nearly impossible for him to refinance the loan unless the balance was well under 50% of the value of the property. Second, a refinance does not do anything to affect your title to the property. You can't take someone's ownership of property away by refinancing the debt on the property. If you mean you have to do something to get your name on the debt, I can't see why that would be. If he got the loan in his name only, it is a done deal. There is no need to put you on the debt. Lastly a quit claim (not "quick claim") is a form of deed that GIVES UP rights to a property. It "quits" your claim to own the property and gives it up to whomever you name in the deed. So if he is asking you for a quitclaim deed, he is asking you to give up your half of the property. Now, like I said, he may just be confused by the transaction. If the refinance is not complete yet, it would be common for the lender to demand that you give up your right to the property before he could get the loan closed in his own name alone. But I'm not thinking of any legitimate reason he would be doing that.

The ownership (title) of real estate is separate and distinct from liability for debt secured by the real estate. Refinancing debt does not change ownership. Changing ownership, by quitclaim deed or otherwise, similarly does not alter liability to a lender.

Unwinding the mystery here starts with knowing how this property was acquired and how it is held. Most married couples use community funds for the down payment to buy their houses, then use earnings during marriage (which are also community funds) to pay their mortgage. The mortgage loan is usually a joint obligation. Title is usually held as community property, though also sometimes as joint tenants.

The Family Code (see section 1102) severely limits the right of either spouse to sell or borrow against the couple's community real estate without the expess written permission of the other, and sales and loans made in violation of the Code are generally void. It's possible your husband has done something that violates the Code, and now he, or he and the lender, are needing to clean up a mistake by getting you to sign off by way of quitclaim. You need to take everything you know about this along with a copy of your original deed to the property (which you can get from the County Recorder) to a lawyer specializing in either family law or real estate law

I agree with my colleagues that it seems something fishy is going on. In order to get you back on title he could should quitclaim his interest to you and himself as husband and wife.

Take it to a title company and have them record it. Also I would check with an attorney just to be on the safe side though but it looks like he is doing te right thing.

Good luck