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Are spouses required to sign quitclaim?

Posted on: 12th Nov, 2008 11:19 pm
We live in California. When single & un married, my husband and an unmarried friend (as co-signer) purchased a property (joint tenancy). Both are now married (separately). We need the co-signor to quitclaim on this property. Will the co-signor's spouse need to sign the quitclaim as well?
Thank you.
Hi wakeena!

As far as I know, property acquired before marriage is considered to be separate and belongs to the person who acquired it. So in this case, I don't think the co-signer's spouse will need to sign the quitclaim deed.

Thanks.
Posted on: 13th Nov, 2008 02:55 am
Niicss is technically correct. However, just in case, sign a quitclaim deed because the co-signor's husband may argue they have a community property interest in the property for equity acquired during marriage.
Posted on: 13th Nov, 2008 06:43 am
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