Legal Question in Real Estate Law in California
Interspousal grant deed
A client of mine has been living separately from his wife for 4 1/2 years but never finalized the divorce. He gave her a quit claim deed to their joint home, but the mortgage is still in their joint name. He wants to buy a new property, but his wife is refusing to sign an interspousal grant deed on the property he wants to buy. She is making no financial contribution to this purchase, is pregnant with another man's child and just refuses to sign. What can my client do to force his wife to sign the deed so he can go through with the purchase.
5 Answers from Attorneys
Re: Interspousal grant deed
He should see a qualified family law attorney to finalize the divorce and file an appropriate motion with the court to comple her compliance or negotiate a settlement.
Re: Interspousal grant deed
The first thing that comes to mind in reading your question is what did your client get, if anything, as consideration for quitclaiming an interest, presumably a half interest, especially without the grantee wife assuming the mortgage? Was this the first step in a property settlement pursuant to an enforceable agreement? Was it a gift (which I assume he now regrets)?
Second question: Was a dissolution proceeding ever actually initiated, and if so, is it still pending in court, or has it been dismissed?
If there is a pending case in which the court has jurisdiction over the parties, the court can make an appropriate order, if good cause is shown, and can even have the clerk sign the quitclaim if the wife won't.
If there is no current family court jurisdiction, probably the best procedure is to initiate a dissolution proceeding, including a paternity determination request. Only a court with jurisdiction over the parties can oblige the wife to sign a deed against her will.
An outside possibility would be for the husband to buy the property, then immediately bring a quiet title suit to obtain a judicial declaration that the wife has no title, but since the wife issue probably blocks necessary financing, this rather slow and cumbersome method is probably impractical.
Re: Interspousal grant deed
I'm not sure there is any way to force the ex-spouse to sign anything in connection with his purchase of the second property. Why does he need an interspousal grant deed to purchase the second property? If they have been separated for 4-1/2 years and is not contributing any funds for the purchase, the property is his separate property by definition.
Re: Interspousal grant deed
He should file for divorce and have the family court compel her voluntary or involuntary cooperation in this matter. If he needs further assistance, have him contact us directly.
Re: Interspousal grant deed
I think the answer is obvious--he should get a divorce!
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