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Caroline Gerardo
Licensed in 20 states - Newport Beach, CA
C. G. Barbeau the Loan Lady nmls 324982

CA  spouse has to sign aknowledging she/he is not on the deal- community property state, often misunderstood

Dec 16, 2019 02:53 PM
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

Not here in NC... but if you go to sell the property your spouse has an automatic spousal interest and must be involved and also sign all paperwork. We say " it takes one to buy, but two to sell."

Dec 16, 2019 02:12 PM
Roy Kelley
Retired - Gaithersburg, MD

Not common.


TexasFlorida, Iowa, South DakotaKansas, and Oklahoma have some of the broadest homestead protections in the United States in terms of the value of property that can be protected.

Homestead exemption - Wikipedia › wiki › Homestead_exemption
Dec 16, 2019 02:06 PM
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

what???? that's not in MA.... so if the husband is a deadbeat, you can't buy a home????

Dec 16, 2019 01:27 PM
John Juarez
The Medford Real Estate Team - Fremont, CA

California is a community property state. If I buy a house, my wife owns a community property interest whether she signs the deed and/or mortgage or not. She does not have to be involved and yet she is involved.

Homestead has a totally different meaning.

Dec 16, 2019 05:32 PM
Ryan Huggins - Thousand Oaks, CA - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Californai - If one spouse won't be on title, they need to do a quitclaim or otherwise acknowledge in writing that they are aware they are not going to be on title (or that they are not on title, for a sale).


So in a way, they must be involved in some degree.  However if I'm buying with my own money and putting it directly into a trust or company that my spouse isn't a part of, they don't need to sign anything.


If I have a lot of properties (or plan to acquire a lot of properties) where they won't be on title... then they definitely need to sign something... A PRE-NUP!!!

Dec 16, 2019 03:42 PM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Interesting question and comments here.  Yes, it does matter by state laws. I am in CA - other CA members have responded here.

Dec 16, 2019 08:27 PM
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

The spouse must be in on the financing here.

Dec 16, 2019 04:36 PM
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Usually,if a primary residence, the spouse must waive their homestead rights if not jointly on the mortgage.

Dec 16, 2019 03:06 PM
Sandy Padula & Norm Padula, JD, GRI
HomeSmart Realty West & Florida Realty Investments - , CA
Presence, Persistence & Perseverance

Here in California, since it is a Community Property State, yes.


Dec 16, 2019 02:14 PM
Karen Climer
Demetree School of Real Estate - Orlando, FL
Teaching people to pass the real estate exam

 I don't know specifically which state, but our homestead laws are rare.  Besides the spousal thing, there are other homestead protections that are unheard of in other states.

Dec 16, 2019 01:43 PM
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

We record disclaimer deeds ALL the time where the spouse signs away their rights to the property . . . and it is owned in just the other spouse's name.

Often, it is because one spouse cannot qualify for financing but the other has sufficient credit-worthiness. So lender requires the other spouse to not be on anything . . . 

I've also seen the other spouse be put back on the deed after closing.

We had one idiot couple bail on a deal because she qualified and he was butthurt that he had to be off the deed. LOL

Dec 16, 2019 06:31 PM
Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate (435) 632-9374 - St. George, UT
St. George Utah Area Residential Sales Agent

Utah is a Homestead state and the spouse does not have to sign. Both must be involved during a divorce though.

Dec 16, 2019 06:08 PM
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co Notary Services retired RE Broker

In ND the spouse must be on the mortgage.

Dec 16, 2019 05:00 PM
Susie Kay
Ultra Real Estate Dallas Fort Worth - Plano, TX
North Dallas Specialist

Not sure about homestead but Texas is a community property state.  It takes one to buy and the loan can be under one name but two to sell.  Title company will usually explain this at closing. 

Dec 16, 2019 04:27 PM
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

Not aware of it in my area; primary residence purchases can be made by one spouse.

Dec 16, 2019 02:08 PM
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC

NC is not but, South Carolina is. We get a lot of downsizers selling in Charlotte (NC) and moving to nearby Fort Mill (SC) due to SC being a Homestead state.

Dec 16, 2019 10:41 PM
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
CEO of Vision Drive Realty - Coastal San Diego

I echo Caroline Gerardo 

Dec 16, 2019 05:15 PM
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Ryan Huggins - Thousand Oaks, CA has your answer.  One of our clients was buying commercial properties with a group, and his wife had to sign a quit claim deed.  A

Dec 16, 2019 04:08 PM
Tony Lewis
Summit Real Estate Group - Valencia, CA
Summit Real Estate Group Valencia & Aliso Viejo

I have heard of homesteading a property but not a thing being mandatory here in California.

Dec 16, 2019 03:56 PM
Steffy Hristova
HomeSmart Elite Group Tempe AZ Tel: 602.710.8161 - Tempe, AZ
Tempe AZ Realtor - Your Home Close to Your Work!

Arizona is a community property state, and if one of the spouses is purchasing in his or her name, the other spouse has to sign a quit-claim deed. Title/Escrow companies usually have advisories on this topic to Buyers.

Dec 16, 2019 03:02 PM
Doug Dawes
Keller Williams Evolution - 447 Boston Street, Suite #5, Topsfield, MA - Topsfield, MA
Your Personal Realtor®

Homestead in MA is a different thing. In MA we are not required to have our spouse participate or be on the deed. 

Dec 17, 2019 07:04 AM
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

yep, IL has the same thing. Very archaic but that's the law.

Either spouse must release homestead whether they lived in the home or not at closing. It was during the prairie days so husbands couldn't throw the wife & kids out on the street. 

Dec 17, 2019 05:24 AM
Brenda Mayette
Miranda Real Estate Group, Inc. - Glenville, NY
Getting results w/ knowledge & know-how!

"Not it" in NY.  :)

Dec 17, 2019 04:26 AM
Richard Weeks
Dallas, TX
REALTOR®, Broker

I'm not sure how many; however, Texas is a homestead and community property state.

Dec 17, 2019 02:23 AM
Rae Hoffman
Roots & Wings Realty Group / Walzel - Katy, TX
Real estate agent serving the Katy area

In Texas, both spouses have to sign the paperwork for the purchase of sale, but they don't both have to be on the loan. Texas is community property. So even if the deed is only in one spouses name, both of them will need to sign at closing. 

Dec 16, 2019 08:59 PM
Anthony Acosta -
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

Interesting question and answers.  

Dec 17, 2019 05:02 PM
Valeria Mola
SIB Realty - Miami, Sunny Isles Beach - Sunny Isles Beach, FL
305-607-0709 SIB Realty Condos for Sale and Rent

I am in Miami area. Same.

Dec 17, 2019 07:53 AM
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

Oklahoma also.

Dec 17, 2019 07:33 AM
Adam Feinberg
Elegran - Manhattan, NY
NYC Condo, Co-op, and Townhouse Advisor

Not the case in NY. That said- since my market has a high percentage of co-op apartment sales, spouses (and their finances) must be included in the co-op board application. Both spouses will be scutinized and interviewed.

Jan 14, 2020 07:41 PM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

This is not the case in Colorado.

Dec 19, 2019 08:08 AM
Debra Leisek
Bay Realty,Inc Homer Alaska - Homer, AK

Alaska is Homestead and both have to sign to sell or one can sign a waiver and release 

Dec 18, 2019 12:11 AM
Carla Freund
Keller Williams Preferred Realty - Raleigh, NC
NC Real Estate Transition & Relocation 919-602-848

It takes one to buy and two to sell in NC. SO you can buy without your spouse but, if you're married when you sell (even if that person wasn't your spouse when you purchased) the spouse must sign.

Dec 17, 2019 12:19 PM
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Not in our state of Colorado.


Dec 17, 2019 10:16 AM
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

The buyer had the potential wife and the un-divorced ex at the closing table simultaneously. Signatures where being applied to everything. It was awkward.

Dec 17, 2019 09:22 AM
Rose Mary Justice
Synergy Realty Pros - Dandridge, TN
Synergy Realty Pros

One or the Other can purchase here.  

Dec 17, 2019 08:58 AM