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Richard, Home Buyer in Palo Alto, CA

In the "addendum A first Addendum to contract" that I just submited, NO my spouse's name as a buyer, what could I do to add my

Asked by Richard, Palo Alto, CA Tue Sep 8, 2009

spouse'name later on In the "addendum A first Addendum to contract" that I just submited, NO my spouse's name as a buyer, what could I do to add my spouse'name later on

I am buying a bank own property. Before I signed and initialed "california residential purchse aggreement" with myself only as a buyer (without my spouse's name, what a mistake)

I was thinking that I could always add my spouse' name into property's titleship during the escrow, or change the name

NOW I have 10 days before closing day, this is all cash transaction without loan involved,
(if i want to change or add the name by going through the list agent and bank , would it be enough time for me)
What can I do to change or add a name for title's ownership later on?
Thanks

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Answers

8
Hi Richard,
You shouldn't have a problem, especially since it's your wife you are adding. In fact, since you are in California, a community property state, if you buy real property when you are married and your spouse is NOT on title, your spouse would have to sign a document stating she is aware that she will not be on title and she is ok with that. This might require a notorized document, needing the original, not a scan or photocopy.

That means it's actually easier to add her than to leaver her off. You can either add her right now with an addendum or outside of contract just after closing (or anytime you are ready) with a Quit Claim Deed.

If you choose to add her right now with an addendum, make it clear on the addendum that the person whose name is being added is the spouse, not a stranger. When you add a spouse, you have no issues. If you were to completely change the buyer to an unrelated stranger that would be scrutinized as a straw (fake) buyer being replaced by a real buyer.

For example, the addendum could read something like:
"Wife Jane Doe to be added to contract and will sign all future documents. Vesting will be "John and Jane Doe as Community Property"

If it's an REO you are buying, then ask the title rep or listing agent what the bank wants. Different banks may want different wording. For example, one bank asks for something like "Wife Jane Doe to be added as buyer to purchase agreement CAL HFA contract dated x/x/2011.

If you prefer to do this outside of contract after close of escrow (perhaps a day later), then you can either do it yourself working with the county or ask escrow to help you.
1 vote Thank Flag Link Sat Mar 12, 2011
The simplest thing would be to add your spouse to Title once you own the property. The Escrow company will usually provide you with the required document (Grant Deed), and may even be willing to record it for you. Discuss with your escrow officer.
Bill
1 vote Thank Flag Link Wed Sep 9, 2009
Does an Addendum alter the regular workings of a real state contract and the agreement there with in.
0 votes Thank Flag Link Sun Feb 14, 2016
Does an Addendum alter the regular workings of a real state contract and the agreement there with in.
0 votes Thank Flag Link Sun Feb 14, 2016
If my spouse signs off all interest to me during a sale of a home that his name remained on since the early 70's but he did not pay taxes, maintenance, etc...is he required to sign off on any amended escrow paperwork after he signed off that I'm to receive 100% interest? Just wondering why does he still has to be involved with the sale, if he's stating that he has no interest in the property?
0 votes Thank Flag Link Sat Feb 13, 2016
Hello there
It should be no problem just ask your Realtor to write an addendum

(wife's name) to be add to purchase contract


. I just do one
Good luck
0 votes Thank Flag Link Tue Feb 21, 2012
HI Grace
Could you provide a sample of the addendum to add new buyers (2) to the orginal contract as require by lender (since they need to be on the loan too in order to qualify for a loan)? I'm not sure how the wording should be. I"m a seller doing a FSBO.
Thanks
Christy
Flag Wed Oct 1, 2014
Hi Richard,

You can do one of two things. First, I would ask the listing agent if the bank would be willing to sign an addendum that would add your wife as a buyer. If they say yes and actually sign an addendum to that effect, tell the title company right away so they can prepare your closing documents accordingly. If the bank does not agree, or if it becomes too complicated, you can ask the title company to prepare a grant deed transferring title from you to you and your wife (as joint tenant or community property or however else you want to do it) and record it immediately after the transaction records. Either way it should be pretty simple and nothing to panic about.
0 votes Thank Flag Link Wed Sep 9, 2009
Hello Richard and thanks for your post.

Since this is an all cash deal to purchase an REO property, you have a couple of options:

1. Work with your Realtor to add your spouse's name to the contract via an addendum to the California Purchase Agreement. This might slow the bank down and could disrupt your closing date, so be aware of the consequences for asking for additional paperwork to be reviewed and approved.

2. Wait until the transaction has closed and have your spouse's name added to the deed via a Quit Claim Deed. Talk with the title company about this process. You may need an attorney or real estate paralegal to assist you in completing and having this form recorded.

Either way, this seems fairly simple to resolve and certainly could be done in the 10 days remaining on the contract.

Good luck!!

Sincerely,
Grace Morioka, SRES, e-Pro
Area Pro Realty
0 votes Thank Flag Link Wed Sep 9, 2009
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