Legal Question in Real Estate Law in California

I am married, residing in California, and selling a timeshare located in California. The warranty deed thereto states that the property is in my name as a married woman and as my sole and separate property. Does the deed to the buyer require my husband's signature? And, if so, what danger is there if I submit it for recording with only my signature?


Asked on 7/22/12, 2:35 pm

3 Answers from Attorneys

Technically it does not require your husband's signature. The danger to you is that if your husband claims a community property interest has been created in the property in the time after you bought it, which is not uncommon if any payments were made for it out of earnings during the marriage, then you could be at risk for breach of the sale contract by failing to convey clear title, and the buyer could be at risk of not receiving clear title. For that reason, it is common practice for the seller who holds record title as married person, sole and separate property, to sign a grant deed, and the spouse to be required to sign a quitclaim deed. The alternative IF the buyer will accept it, is for both spouses to sign a single quitclaim deed.

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Answered on 7/22/12, 4:43 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Mr. McCormick is basically correct, but I would phrase it a little differently. For the reasons he states, technically it does require your husband to do something, e.g., sign a quitclaim deed, either jointly with you or a separate quitclaim deed....IF a community-property interest, however tiny, has arisen due to use of community earnings (your paycheck is community earnings) to reduce the principal amount of a loan balance on the property.

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Answered on 7/22/12, 6:35 pm
Anthony Roach Law Office of Anthony A. Roach

I would also add that if you are going through escrow, and the buyer is purchasing title insurance, the title company will sometimes also want a quitclaim deed from your husband as part of the transfer, to prevent future claims from any interest your husband may claim.

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Answered on 7/23/12, 9:59 am


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