Legal Question in Real Estate Law in California

Wife Buys House Without Husband;s Approval

The couple is separated and living apart. They have been estranced for about 10 months. The couple have not filed for a legal separation or divorce to date.The wife has just purchased a new home, with a substantial mortgage, without the concurrence, signature or prior knowledge of the husband. Is it legal in the state of california for the wife to do this? If so, what is the libility of the husband regarding this transaction? If the purchase was not legal due to the lack of the husband's approval, what legal action should the husband contemplate to protect himself financially from his estranged wife's real estate transaction? Note: The wife does work as a real estate loan officer for a major company.


Asked on 12/22/03, 9:02 pm

3 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Wife Buys House Without Husband;s Approval

What century are we in? Since when does a woman need her husband's approval to buy something? That works the other way around, too. There is this thing called "equal rights", and freedom.

The loan is in her name, the property is in her name, your income is most likely not considered to be community property anymore.

This looks a little more serious than a separation. Get divorced, buy your own house and get on with your life.

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Answered on 12/23/03, 12:45 pm
Michael Olden Law Offices of Michael A. Olden

Re: Wife Buys House Without Husband;s Approval

Well, you wouldn't happen to be a husband in this "hypothetical" situation would you,nnnnoooooo, it's too obvious. Both first of all estrangement or not the word is separation. Any assets acquired from and after the separation by either spouse, whether or not still married or going through a dissolution of marriage is a separate property of that spouse. Their incomes separate property and there are debts are the separate debts. In this situation if this was done without the husband's knowledge live alone consent don't worry about it buddy, you're off the hook. You not on the promissory note to therefore you not on loan. You're also not good share in any of the equity in the asset either. It's all hers like it or not. You don't have to do is saying to make sure the you're responsible or not. Just think of it, he has a good job in knows about real estate, and what's more knows how to finance, invest, make money in deal in and appreciating commodity. The old days are gone, females not only get to vote but acquire property in their own names without their husbands, or almost ex-husbands approval.

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Answered on 12/22/03, 10:56 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Wife Buys House Without Husband;s Approval

Not sure why you haven't pursued a legal resolution to date, however, I believe you are potentially playing with fire. However, the wife can certainly purchase house as could the husband. Since you have been separated, it is likely that property to be hers, as well as responsibility. Call an attorney.

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Answered on 12/23/03, 11:19 am


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