Home Buying in San Francisco>Question Details

sara, Home Buyer in San Francisco, CA

Can one spouse of a married couple buy a house in CA w/o using spouse on mortgage or deed?

Asked by sara, San Francisco, CA Mon Jan 7, 2013

Help the community by answering this question:


You can, but the other spouse will need to sign a quit claim deed. You should also check with an attorney.


1 vote Thank Flag Link Thu Feb 14, 2013
Hi Sara,

Some helpful info below, but do also note that if the loan type is FHA, then the non-borrowing spouse's debt will still be factored into the approval even if that person will not go on the loan and/or title of the home. Again, this is due to CA being a community property state.

Best of luck and let me know if I can help.

Rob Spinosa
RPM Mortgage
0 votes Thank Flag Link Tue Jan 8, 2013
Hi Sara......This question requires a legal answer and Realtors are not allowed to give legal advice. The State Bar and SF Bar Association are good sources of referral. Best referral come from people you know and trust.
0 votes Thank Flag Link Tue Jan 8, 2013
Yes they can just as they can inherit property, hold it and pass it along seperately. The term "sole and seperate" are recorded in the title and the other spouse needs to sign a "quit claim" acknowledging the situation.
The property will become community property again if ANY community funds are used to maintain it or improve it so it is very important that all costs be born by and come from the sole and seperate owner.
0 votes Thank Flag Link Tue Jan 8, 2013
Jed Lane, Real Estate Pro in San Francisco, CA

As mentioned by Claudia, California is a community property state. Because of this, the need to establish rightful and legal separation is a must. You will have to consult a knowledgeable real estate attorney. I suggest Bill Jensen: http://aries.brokerriskmanagement.com/_wsn/page3.html Bill is highly regarded in the industry and will serve you well.

His contact info is:


Leslie Walsh assists Bill and is a lovely woman.

Good luck!

0 votes Thank Flag Link Mon Jan 7, 2013
Yes, as long as they can either qualify for a mortgage on their own, or have the cash to buy the home. But I believe that California is still a community property state, which you should contact an attorney for true legal advice on this subject. The State Bar Association often has times when you can talk to a lawyer and get advice for free. Contact your city's (San Francisco) American Bar Association and find out when they offer that service, then try to take advantage of it. Free legal advice is worth a great deal and may help you.
0 votes Thank Flag Link Mon Jan 7, 2013
Yes they may , but because Californianis a community property state. The spouse will need to,sign a Quit Claim Deed (Interspousal Transfer Deed) which states that they recognize the property is being purchased without their taking any interest in that property.
0 votes Thank Flag Link Mon Jan 7, 2013
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