Legal Question in Real Estate Law in California

Re: Signing off on homestead right

It never hurts to have the wife sign the quitclaim deed, because a quitclaim deed converys only whatever interest that person may have, without any warranty that the person has any interest. Thus, the wife's signature on the quitclaim deed would put to rest any questions of her rights, including any community property interest she may have. However, I strongly recommend that the relatives who are supposed to receive the property get title insurance, and the title company will draft the deed as they need in order to issue the insurance policy.

Re: Signing off on homestead right

The spouse's quitclaim may not be required in a technical sense, but it is certainly the usual practice in California to obtain it, and many title and escrow companies would require it before closing the escrow and/or providing title insurance. If there is some reluctance on the part of the owning spouse to produce the non-owning spouse for signing the quitclaim, that may be a red flag that the "non-owning" spouse may actually have some interest in the property and that a fraud is being attempted.

Re: Signing off on homestead right

It is not homestead I would necessarily be cocerned with but would get her to sign.