Home Buying in 94801>Question Details

Spring, Home Buyer in 94801

Would the title company allow me to buy a home without a quite claim from my husband whom I have been separated from for 2 years?

Asked by Spring, 94801 Mon Jul 12, 2010

I have been separated for 2 years, filed taxes "married filing separately" last year. We have no community property, no assets, or debts, or credit together. I want to buy a house and know for sure that he will not have any claim to it. Is there any way to connivence the title company not to ask for an interspousal quite claim? He will not sign it just because he wants to be difficult.

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Scott Godzyk’s answer
Your answer is quite simple, finish the divorce proceedings. If you are getting a mortgage it will be a requirement to have your husband sign off his rights to the property, if you are paying cash, simply buy it in a trust or LLC that he can not lay claim to. My bets advice is to have a real estate lawyer expalin yoru options in teh first free meeting you can get, and use it to choose a direction. Good luck with your purchase
Web Reference: http://www.ScottSellsNH.com
2 votes Thank Flag Link Tue Jul 13, 2010

The title company is trying to prevent you from making a mistake. They are not trying to create a problem but to prevent a problem. If you think your husband is being difficult now, can you imagine the difficulty that would arise if he found out the you bought a property and he tried to assert a claim to it. The only sound advice that anyone on the forum can give you is to get legal advice.
0 votes Thank Flag Link Tue Jul 13, 2010
In California you can buy a property (one spouse). Both spouses must approve the sale of community property.
I would suggest talking with an attorney.
0 votes Thank Flag Link Tue Jul 13, 2010
Keith Sorem, Real Estate Pro in Glendale, CA
No one can convince the title company not to ask for the quit claim....because they will. It's necessary to make sure title can be delivered clear and free of liens.

If you want to buy property, you may want to speak to your attorney about your recourses, or about finalizing your divorce so that you can make a move without factoring in this "difficult" obstacle to your home ownership,

You have obviously already been told, perhaps by your realtor, that this will be the case. If you're hoping you'll get a different answer, or that there is way to get around it, then you'll see that there isn't.

Get thee to your attorney post haste!
0 votes Thank Flag Link Tue Jul 13, 2010
Finalize your seperation IMO. You don't want to give him a chance at a your home anyways.
0 votes Thank Flag Link Tue Jul 13, 2010
It's not a title company issue, but a title issue. Unless you have a separation agreement allowing you to purchase property separately and/or your husband signs a quitclaim deed. It does create a cloud on title.

Even if you lie and say you're single, your husband will still be entitled to 50% of the equity regardless if he paid anything or not because you acquired it while you were still married.
0 votes Thank Flag Link Mon Jul 12, 2010
Spring the title company could not care if your current husband does not sign a quit claim or a release of dower. The lender that you are dealing with though will care very much if someone else may aquire an interest in the property that you are purchasing. By the way not legal advise but that home you purchase in some states does become "community" property because you are not divorced yet.
0 votes Thank Flag Link Mon Jul 12, 2010
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