Legal Question in Real Estate Law in California

Re: Real Estate Sale

Lawyers are supposed to be cautious and look for crabs under every rock. However, I'm wondering if you're worrying too much in this situation. It seems to me that when you "sign over" your interest, you are no longer connected with the property and are not a party to any subsequent sale, any more that would be the family that sold the lot to another family back in 1920, before the house was even built.

That, however, may be an oversimplification; plaintiffs these days tend to name anyone who might have a past connection to a property, whether or not the claim is likely to be viable. The threat to you is not so much that you could be found liable, but that the legal cost to prove you aren't liable could be a real drain on you.

I think your solution here is in the "signing over" process. You didn't mention anything about why this property division is taking place; sounds like a legal separation or something like that, and if it is, obviously it is under the supervision of a court and a judge will be approving or making orders with respect to it. Whatever the situation, however, I hope you have a lawyer assisting you with the "signing over." Whether or not you have a lawyer, however, my suggestion would be to include in the legal papers an indemnification provision, whereby as part of the consideration for your surrendering your interest, he agrees to hold you harmless from all liabilities and claims relating to the house in the future.

This is the right timing and type of release of liability.

There is a widespread myth among LawGuru users, and the non-lawyer population as a whole, I suppose, that somewhere the must be a "form" that handles every legal situation, and that the practice of law largely involves being able to identify the "form" to be filled in and signed, or filed, or recorded, or whatever.

Indeed, a form that would meet your needs may exist. However, tactically, asking your husband to sign such a form, if it exists and if we could locate it, might be such a red flag that it would result in the deal going sour, or further demands being placed upon you. My suggestion is that whoever is drawing up the documents that will "sign over" your interest include a hold-harmless clause. That will look innocuous and should protect you without raising yellow flags.

In conclusion, however, I really think that as an ex-owner and a non-seller in the transaction with the third party, you are relatively safe anyway.

Re: Real Estate Sale

There is no "form". If you want to do this yourself just draft a statement that describes your concerns and state that he agrees to "release you from any liability and agrees to indemnify from any liability for failure to disclose and to accept tender of defense if you are sued."