Legal Question in Real Estate Law in California
married....only husband on mortgage loan
My husband and I are buying a home. Because he is more established and much older, he has better credit, and the mortgage loan is in his name only. (I should add that I just recently received my bachelors degree and am currently in graduate school...in a few years, my income will be comparable to his). I was told that I will have to sign a quitclaim deed at closing and that my name can be added to the title at a later date by my husband. Is this correct? We live in california, a community property state, but if i sign the quit claim deed, I am forfeiting all of my rights to the house...my husband may then choose to not add my name to the title or could potentially add his family members to the title. Is there any way to get around this--name removed--that my name can be on the title at closing?
2 Answers from Attorneys
Re: married....only husband on mortgage loan
Just because he is paying the mortgage doesn't mean that your name can't be on the title, and don't sign the quitclaim. Our CA attorney is also a real estate broker; it would be worth one hour of his time to let you know the facts and your rights. Contact us or another attorney if you don't want to be the only one that doesn't have an attorney looking out for your best interest.
Re: married....only husband on mortgage loan
The procedure that you are describing is quite common in California. In case of a divorce the court will look at the source of the funds used to purchase the house. Any property obtained during the marriage is presumed to be community property. Life would be simpler and easier if your name was on the deed.
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