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Are spouses required to sign quitclaim?

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Icon Mini Profile wakeena99





Joined: 13 Nov 2008

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Post Posted: Thu Nov 13, 2008 12:19 am    Post subject: Are spouses required to sign quitclaim?
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We live in California. When single & un married, my husband and an unmarried friend (as co-signer) purchased a property (joint tenancy). Both are now married (separately). We need the co-signor to quitclaim on this property. Will the co-signor's spouse need to sign the quitclaim as well?
Thank you.
Icon Mini Profile Niicss
Niicss




Joined: 03 Oct 2005

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Post Posted: Thu Nov 13, 2008 3:55 am    Post subject:
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Hi wakeena!

As far as I know, property acquired before marriage is considered to be separate and belongs to the person who acquired it. So in this case, I don't think the co-signer's spouse will need to sign the quitclaim deed.

Thanks.
Icon Mini Profile jheard
jheard
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Joined: 12 Dec 2007

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Location: Houston, TX
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Post Posted: Thu Nov 13, 2008 7:43 am    Post subject:
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Niicss is technically correct. However, just in case, sign a quitclaim deed because the co-signor's husband may argue they have a community property interest in the property for equity acquired during marriage.
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Disclaimer: This is not legal advice and I am not your lawyer. The information provided in this forum is for discussion purposes only, and is no substitute for an in-person consultation with an attorney who can analyze all of the facts and determine how your state and local laws may apply to your specific situation.
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