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Why do I have to sign a quit claim deed to my husband's inheritance from his dad even though I've never been included in the inheritance? My husband says it's needed because he wants to borrow money from the bank to buy out his sister's share and that the bank wants me to sign a quit claim deed. If I've never had any claim to this inheritance, why do I have to sign anything? My husband made it clear that it's his personal property and that I will never have any access to it. I've been married 41 years to him and I've supported him through school and helped support the family for 35 years. To put it mildly, I'm very agitated by his demand to sign a document that I have absolutely no interest in.
State/Country relating to Question: California Already Tried: I plan to consult a lawyer tomorrow as my husband wants me to sign the quitclaim deed by Wed., Sept. 29.
Hi there:first of all, you are correct that you would ordinarily not have any claim to the property anyway. Inheritance, even when acquired during a marriage, is the inheriting spouse's separate property under ordinary circumstances.However, because California is a community property state, the banks will almost always want one spouse to quit-claim the property if a loan is to be taken out on the property (unless both spouses are on the loan). The reason is that the bank wants to know that 6 months fron now, you will not divorce each other, then you individually decide that "hey, I have a claim in this house afterall", you go to court and win, and the bank gets the short end of the stick. It's basically assurance for the bank that they are giving a loan to the only person who has any right to the property whatsoever. So I wouldn't take it personally; it's our state's crazy laws, but this would ordinarily need to happen if he is going to have the money to buy his sister out.Let me know if I may be of further assistance, and please remember to click "accept". Thanks.
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