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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102380
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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My name is vandiver i am buying a house and I'm still

Customer Question

hello, my name is ***** ***** i am buying a house and I'm still married, but we have been separated since 2001 what form would i use so i can close the loan without her signing
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Technically, what someone in your situation would want to do is to have her sign a QUITCLAIM DEED, stating that she renounces any and all rights to the property (under community property doctrine). See HERE for an example of this. In addition, it may also be a good idea (some may say that this would be over the top) to sign a post nuptial agreement declaring the home as one's separate property, and not community property.

This way, it should not be counted as community property under CA law, since the purchase is being made while the marriage is still ongoing (being informally separated does not mean that the assets accumulated during marriage lose their community property tag until/unless a party agrees so in writing).

However, even then, the mortgage is still likely to want her to sign - it is the law in CA that married couples must both sign for a mortgage loan. So her cooperation may be necessary here.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.