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If I purchase a property with my own money can the property…

If I purchase a...

If I purchase a property with my own money can the property be quick claimed into my name only & my spouse waives all rights to it thus not being part of our community property? Or can I have the deed in my name & my husband signs a declaration releasing any ownership in the property?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No I wanted to know if this was possible before buying a property - we have already waived all rights to our separate money

Lawyer's Assistant: Where is the property located?

Undecided as of yet - it will be a condo either in Orange County or L.A. County

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of - only interested in buying a property in my name only and my husband have no rights to the ownership - would I have to put the property in a Trust (which I do not presently have for my separate assets)

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Answered in 5 minutes by:
3/23/2018
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 4,070
Experience: Partner at Kent Law Group, LLC
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If you purchase a property in your name I don't really see why you'd quick claim it to yourself - it's already in your name. But I see what you're trying to accomplish which is not have it "accessible" to your spouse in the event of divorce. And if that's what you're trying to accomplish you'd want him to sign a legal document waiving any and all rights to the property. Please let me know if that answers your question. If you don't need any additional information, if you wouldn't mind could you please take a moment to submit a rating. It DOES NOT cost you anything extra and it allows me to get credit for helping you. Sometimes people aren't aware that experts don't get any credit for the time and effort that we spend on our answers unless you rate it positively. 5 STARS is always appreciated! You can still ask follow up questions after rating - and of course please ask if you need clarification to anything I've written. There may be some lag in my response time if you follow up with additional questions. It just means I'm working with someone else but I will ALWAYS come back an answer your questions when I'm done.

Olivia Kent
Olivia Kent, Attorney
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Customer reply replied 3 months ago
I would not want my husband to have any legal rights to the property even after my death or should we divorce

In that case it would be absolutely essential to have something in writing so there isn't a fight over the property should you divorce and/or predecease him.

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Otherwise, since you are in a community property state he could potentially - very easily - go after the property.

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