Legal Question in Real Estate Law in California

Re: Spouse Not on Mortgage, Still on title

If both spouses are on the deed, the spouse that is not signing on the new loan cannot be removed from title unless the spouse specifically signs a new deed the relinquishes his or her interest in the property.

Re: Spouse Not on Mortgage, Still on title

Unless your spouse signs a deed conveying the property to you she cannot be removed from title, assumimng she already is on title. However, it is highly unusual for a bank to loan money to only one of two title holders. This raises the issue of whether your spouse is showing up as being on title already. I have seen cases where the mortgage broker fraudently signed a transfer deed for the non-borrowing spouse, and then signed the property back after the loan goes through--this practice is highly illegal, and could result in foreclosure. It appears that you are either confused about the true nature of the facts or something is going on that requires further investigation. Nevertheless, unless your spouse signs a deed conveying the property to you as your "separate property" she would continue to legally maintain a community interest in the property.