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legal separation and buying a home

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justwondering

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Post Posted: Wed Aug 19, 2009 6:31 pm    Post subject: legal separation and buying a home
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I have been legally separated for 2 years now in CA; however divorce and property have not been officially split with judge's orders. We have filed several family law 1419 forms showing our assets and deficits in the two years of separation and together we have not owned a home in over 5 years together.
From what I see so far about quick claim deeds it is only for property owned and transferred. My question is I have an opportunity to buy a home with no money down. Since the loan will not include my soon to be ex husband is there any need for a quick claim deed to be signed by him for me to make this purchase? Are there any ramifications for not having one signed? My bank has not asked for one so I am not sure I need it.

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smith.sussane




Joined: 18 Sep 2008

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Location: Alaska
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Post Posted: Wed Aug 19, 2009 9:10 pm    Post subject:
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Hi Guest!

Welcome to forums!

As California is a community property state, it would be better if you could ask your husband to sign an inter-spousal deed in regards to that property. Thus, your husband would not be able to claim any right to the property and you would be the sole owner of the property. However, I would suggest you to contact your attorney and take his opinion in this regard as well.

Feel free to ask if you've further queries.

Sussane
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