Posted on: 03rd Apr, 2012 10:38 am
I have been married for almost 30 years. In 2007 I signed a quitclaim for a real estate purchase (new residence) on my wife's request. Her rationale was that her mother would withhold bequeathing an inhteritance if I was half owner (California law).
Her mother has now passed, over a year ago, so that situtation is gone; my wife has got her inheritance. I wish to be on the deed and want the quitclaim abolished. Does this require wife's concurrence and is it legal to demand ownership due to California state marriage community property law?
Also, if a new real property (residence) is purchased by selling the existing one, would my name be legally expected on the new deed with no effect of the old quitclaim?
Thanks, Dan Kramer in Fresno CA
Her mother has now passed, over a year ago, so that situtation is gone; my wife has got her inheritance. I wish to be on the deed and want the quitclaim abolished. Does this require wife's concurrence and is it legal to demand ownership due to California state marriage community property law?
Also, if a new real property (residence) is purchased by selling the existing one, would my name be legally expected on the new deed with no effect of the old quitclaim?
Thanks, Dan Kramer in Fresno CA
Welcome Dan,
If the property is in your wife's name, then you will have to ask her to sign a quitclaim deed and add your name to the property deed. In order to sell off the property, it is not mandatory for your name to be mentioned on the property deed. If your wife's name is mentioned on the property deed, then she can sell off the property on her own.
If the property is in your wife's name, then you will have to ask her to sign a quitclaim deed and add your name to the property deed. In order to sell off the property, it is not mandatory for your name to be mentioned on the property deed. If your wife's name is mentioned on the property deed, then she can sell off the property on her own.