Legal Question in Real Estate Law in California

We live in California. My husband bought a house in Oregon with money he acquired before our marriage. He then sold that house without my signature on the documents. I thought it 'took one to buy and two to sell.' Doesn't he need my signature to sell that house?


Asked on 9/26/14, 2:54 pm

3 Answers from Attorneys

No. It only requires two signatures if the property was bought or paid for during the marriage using community property funds for some portion of the price, whether at the time of buying or by using community funds to pay a mortgage or improve the property. If he did it all with pre-marriage funds, you have no rights in it and your signature is not required on anything. Most buyers and/or buyer's new mortgage lenders would want your signature on a quitclaim deed at closing, but there is nothing that would require it if you didn't have an interest in the property.

Read more
Answered on 9/26/14, 3:28 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Mr. McCormick's answer is 100% correct for properties in California. If, as here, the property is in Oregon, it's possible or perhaps even probable that Oregon law would apply ...... and the result might be the same, or under Oregon laws, it might be different. Therefore, to be certain, you should probably re-ask your question, specifying Oregon law so that Oregon-trained and qualified attorneys can give you an answer.

Read more
Answered on 9/26/14, 4:54 pm
Anthony Roach Law Office of Anthony A. Roach

California attorneys cannot advise you as to Oregon law, which applies to this situation. I would agree with Mr. McCormick if the property was in California, but I hesitate to agree fully here because Oregon is not a community property state like California is. (In fact, it is my understanding that it is illegal to pump your own gas in Oregon.)

Your best advice is to consult with an Oregon attorney.

Read more
Answered on 9/27/14, 4:49 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California