Posted on: 29th Sep, 2010 02:15 pm
hello,
my mother and i own a property in california, after i got married, i wanted to transfer the title and the property back to my mothers name. is it true that my husband and i has to sign the quit claim deed form? is it true that it is compulsory to sign the form as per california law.
i would really appreciate if anyone can answer this question.
thanks
sam
my mother and i own a property in california, after i got married, i wanted to transfer the title and the property back to my mothers name. is it true that my husband and i has to sign the quit claim deed form? is it true that it is compulsory to sign the form as per california law.
i would really appreciate if anyone can answer this question.
thanks
sam
Hi sanmchinta,
As you owned the property prior to your marriage with your mother, it won't be considered as a community property. Thus, your husband won't have to sign the property deed along with you when you transfer it to your mother.
As you owned the property prior to your marriage with your mother, it won't be considered as a community property. Thus, your husband won't have to sign the property deed along with you when you transfer it to your mother.
Sanmchinta,
No, Only you should sign the Quit Claim deed not your husband.
The reason being you mentioned the property is acquired before marriage. Actually, if your husband did signed the quit claim deed and if it was without his conscious the it is a tort. Your husband is out of the contract to title on the home and your husband should not sign the quit claim deed.
If you want a legal adivse on this issue please contact me.
1150 Huntington Building
925 Euclid Avenue
Cleveland, Ohio 44115
[[Phone numbers deleted as per forum rules. Thanks.]
No, Only you should sign the Quit Claim deed not your husband.
The reason being you mentioned the property is acquired before marriage. Actually, if your husband did signed the quit claim deed and if it was without his conscious the it is a tort. Your husband is out of the contract to title on the home and your husband should not sign the quit claim deed.
If you want a legal adivse on this issue please contact me.
1150 Huntington Building
925 Euclid Avenue
Cleveland, Ohio 44115
[[Phone numbers deleted as per forum rules. Thanks.]
Sanmchinta, Not sure if you have got the answer but here is our reply to your posting.
It is illegal to unwillingly force your husband to sign a Quit Claim deed on the property.
It is illegal to unwillingly force your husband to sign a Quit Claim deed on the property.