Should both spouses be on the deed?

Should both spouses be on the deed?

In California, all property bought during the marriage with income that was earned during the marriage is deemed “community property.” The law implies that both spouses own this property equally, regardless of which name is on the title deed.

Can wife sell property without husbands signature?

Both spouses will need to sign the deed to sell the home. However, if the home is titled as “tenants in common,” a spouse can sell his share of the property without the other spouse’s consent. Both parties have a separate and distinct interest in the home.

Does my spouse have to sign at closing?

Due to the vested interest of the non-titled spouse, your title company needs to figure out if the real estate transaction involves community property, and if it does, buyers and lenders will require the signature of your spouse on legal documents.

Can I refinance my house in my name only?

There is only one way to have your spouse’s name removed from the mortgage: You will have to apply for a loan to refinance the mortgage, in your name only. In other words, the mortgage lender can still come after your spouse for repayment unless and until you refinance in your own name alone.

Can I sell my house if my wife is on the deed?

In community property states such as California, a husband can never sell a home obtained during the marriage without his wife’s consent. However, if the husband obtained the home before the marriage, he may be able to sell it on his own, depending on whether his wife’s name is on the title.

How do I protect my spouse from inheritance?

You can use a prenuptial agreement to protect any assets you possess before entering into the marriage, including an inheritance. Inherited property is one of the assets many people agree isn’t really a marital asset as long as it hasn’t become part of the community property in the marriage.

How do I stop my son in law from getting my inheritance?

If you do not want your son-in-law or daughter-in-law to get any portion of your child’s inheritance, consider creating an on-going descendants trust for their benefit. This is often a sensitive subject for many families.