Financing in San Francisco>Question Details

jatdip, Home Owner in San Francisco, CA

How to exclude a spouse from "Deed of trust" during refinance (in California)?

Asked by jatdip, San Francisco, CA Mon Jul 22, 2013

I bought a rental property with my friend in 2006. We are in the process of refinancing and the lender has included our spouses in the "Deed of trust". Back then we both were single and would like to exclude our spouses. Is this possible in California to exclude the spouse?

Help the community by answering this question:


You’ve received excellent responses to the question posed.

But bear in mind that spouses who are not on title may nonetheless have a community property interest in the home.

Single Agency Broker 00849905
Attorney at Law
400 Montgomery 505
San Francisco CA 94104
Office: 415.781.3000
0 votes Thank Flag Link Sun Jul 28, 2013
Simple quit claim as long as she is not on the loan
0 votes Thank Flag Link Fri Jul 26, 2013
It's a very simple interspousal deed signed at closing.
Web Reference: http://WeFixRates.Com
0 votes Thank Flag Link Mon Jul 22, 2013
All you need to do is have your wife sign a quit claim deed at the title company. They will prepare it for you.

If it's more complicated then that, you should consult a real estate attorney.

Good luck,

0 votes Thank Flag Link Mon Jul 22, 2013
You're absolutely allowed to. Your spouse wouldn't be able to go on the loan with you and your spouse will have to acknowledge it by signing the necessary documentation. You should be able to ask your Loan Officer and/or title agent.

If my response was helpful, consider clicking BEST ANSWER!

Javier Meneses
Senior Loan Officer
NMLS #23130
310 Crossways Park Drive
Woodbury, NY 11797
(516) 606-9648 Cell
(516) 740-4478 Office
(516) 918-5383 Fax
0 votes Thank Flag Link Mon Jul 22, 2013
Hi Jatdip,

The Title company can help you in achieving this objective.

NMLS 327086
0 votes Thank Flag Link Mon Jul 22, 2013
The lender made a mistake. Just tell them your spouse is not on title.
0 votes Thank Flag Link Mon Jul 22, 2013
Yes. All you have to do is get your spouse to sign a release of interest on the property and the title company can provide that.

Best Regards,

Lance King/Owner-Managing Broker
King Realty Group
DRE# 01384425
0 votes Thank Flag Link Mon Jul 22, 2013
Yes, you may exclude your spouse from the deed of trust and grant deed as long as they are not on the loan. The lender prepares this based on instructions from you and from the title company, so you must tell your lender that you do not want your spouses on title when the new loan is recorded.

If you do not want your spouses on title, your title/escrow officer will help you to arrange a spousal quitclaim and at the time of the refinance, record the new deed of trust and grant deed for each of you as "married woman as her sole and separate property" on the grant deed. Because California is a community property state, you must have your spouse sign paperwork to verify that they have no claim on the property.

ps: always consult your attorney for advice on how this will affect each of you and whether a change of title will trigger a transfer tax or reassessment.
0 votes Thank Flag Link Mon Jul 22, 2013
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