In California, can a married man have title to a property put in his name only?
State/Country relating to question: California
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It is possible at a closing to have property purchased and titled solely in his name only.It would require the spouse to consent to this in writing and waive any community interest in the property. This establishes that both spouses want title to the property to be granted to one spouse as that spouse’s sole and separate property. The title company insuring title will require the spouse of the married man acquiring title to specifically disclaim or relinquish his or her right, title and interest to the property.
How is this done? Via a quit claim?
Otherwise if the spouse here does not consent and waive such an interest in writing they would retain a community interest and the lender and title company are unlikely to allow the spouse to close.It is possible if the other spouse consents in writing at time of closing and lender will allow the loan to be completed in the spouse's name alone.
The spouse in a closing would sign a disclaimer of interest prepared by the title company.The title company would prepare such a document to their standards.
Reference to titling issues in California.
It is possible here to do so assuming the spouse is agreeable to signing the required disclaimer at closing.It will need to be prepared by title company or a real estate lawyer as part of the closing.
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