417,201
CA spouse has to sign aknowledging she/he is not on the deal- community property state, often misunderstood
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Doug Dawes
Topsfield, MA
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Debe Maxwell, CRS
Charlotte, NC
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Kathleen Daniels, Prob...
San Jose, CA
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Kris Collis, Associate...
East Stroudsburg, PA
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John Juarez
Fremont, CA
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Susie Kay
Plano, TX
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Ron and Alexandra Seigel
Carpinteria, CA
-
Ryan Huggins - Thousan...
Thousand Oaks, CA
5,104,931
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."
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Debra Leisek
Homer, AK
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Doug Dawes
Topsfield, MA
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Brenda Mayette
Glenville, NY
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Richard Weeks
Dallas, TX
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Kris Collis, Associate...
East Stroudsburg, PA
-
John Juarez
Fremont, CA
-
Susie Kay
Plano, TX
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Greg Large
Grove City, OH
7,835,329
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Debra Leisek
Homer, AK
-
Jerry Newman
San Antonio, TX
-
Doug Dawes
Topsfield, MA
-
Debe Maxwell, CRS
Charlotte, NC
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Kris Collis, Associate...
East Stroudsburg, PA
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John Juarez
Fremont, CA
-
Pete Xavier
Pacific Palisades, CA
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Nina Hollander, Broker
Charlotte, NC
5,583,278
what???? that's not in MA.... so if the husband is a deadbeat, you can't buy a home????
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Doug Dawes
Topsfield, MA
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Brenda Mayette
Glenville, NY
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Debe Maxwell, CRS
Charlotte, NC
-
Kris Collis, Associate...
East Stroudsburg, PA
-
John Juarez
Fremont, CA
-
Dario Ferreira
Attleboro, MA
-
Nina Hollander, Broker
Charlotte, NC
1,311,397
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.
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Kasey & John Boles
Boise, ID
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Pete Xavier
Pacific Palisades, CA
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Doug Dawes
Topsfield, MA
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Debe Maxwell, CRS
Charlotte, NC
-
Kathleen Daniels, Prob...
San Jose, CA
-
Kris Collis, Associate...
East Stroudsburg, PA
1,502,998
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!!!
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Kasey & John Boles
Boise, ID
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Doug Dawes
Topsfield, MA
-
Debe Maxwell, CRS
Charlotte, NC
-
Kathleen Daniels, Prob...
San Jose, CA
-
Kris Collis, Associate...
East Stroudsburg, PA
-
John Juarez
Fremont, CA
3,345,026
Interesting question and comments here. Yes, it does matter by state laws. I am in CA - other CA members have responded here.
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Anthony Acosta - ALLAT...
Atlanta, GA
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Doug Dawes
Topsfield, MA
-
Richard Weeks
Dallas, TX
-
Debe Maxwell, CRS
Charlotte, NC
-
Kathleen Daniels, Prob...
San Jose, CA
6,392,929
The spouse must be in on the financing here.
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Doug Dawes
Topsfield, MA
-
Debe Maxwell, CRS
Charlotte, NC
-
Kathleen Daniels, Prob...
San Jose, CA
-
Bob Crane
Stevens Point, WI
-
John Juarez
Fremont, CA
5,216,370
Usually,if a primary residence, the spouse must waive their homestead rights if not jointly on the mortgage.
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Doug Dawes
Topsfield, MA
-
Debe Maxwell, CRS
Charlotte, NC
-
Kris Collis, Associate...
East Stroudsburg, PA
-
John Juarez
Fremont, CA
-
Susie Kay
Plano, TX
1,725,996
Here in California, since it is a Community Property State, yes.
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Doug Dawes
Topsfield, MA
-
Debe Maxwell, CRS
Charlotte, NC
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Kathleen Daniels, Prob...
San Jose, CA
-
John Juarez
Fremont, CA
-
Ryan Huggins - Thousan...
Thousand Oaks, CA
195,422
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.
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Doug Dawes
Topsfield, MA
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Debe Maxwell, CRS
Charlotte, NC
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John Juarez
Fremont, CA
-
Pete Xavier
Pacific Palisades, CA
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Nina Hollander, Broker
Charlotte, NC
1,052,186
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
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Doug Dawes
Topsfield, MA
-
Richard Weeks
Dallas, TX
-
Debe Maxwell, CRS
Charlotte, NC
-
Kris Collis, Associate...
East Stroudsburg, PA
3,125,416
Utah is a Homestead state and the spouse does not have to sign. Both must be involved during a divorce though.
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Doug Dawes
Topsfield, MA
-
Debe Maxwell, CRS
Charlotte, NC
-
Kathleen Daniels, Prob...
San Jose, CA
-
Kris Collis, Associate...
East Stroudsburg, PA
2,390,407
In ND the spouse must be on the mortgage.
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Doug Dawes
Topsfield, MA
-
Richard Weeks
Dallas, TX
-
Debe Maxwell, CRS
Charlotte, NC
-
John Juarez
Fremont, CA
509,449
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.
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Anthony Acosta - ALLAT...
Atlanta, GA
-
Doug Dawes
Topsfield, MA
-
Debe Maxwell, CRS
Charlotte, NC
-
John Juarez
Fremont, CA
900,118
Not aware of it in my area; primary residence purchases can be made by one spouse.
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Doug Dawes
Topsfield, MA
-
Debe Maxwell, CRS
Charlotte, NC
-
John Juarez
Fremont, CA
-
Nina Hollander, Broker
Charlotte, NC
5,229,939
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.
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Anthony Acosta - ALLAT...
Atlanta, GA
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Doug Dawes
Topsfield, MA
-
Richard Weeks
Dallas, TX
1,543,613
I echo Caroline Gerardo
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Doug Dawes
Topsfield, MA
-
Debe Maxwell, CRS
Charlotte, NC
-
John Juarez
Fremont, CA
5,772,575
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
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Ryan Huggins - Thousan...
Thousand Oaks, CA
-
Doug Dawes
Topsfield, MA
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John Juarez
Fremont, CA
763,783
I have heard of homesteading a property but not a thing being mandatory here in California.
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Doug Dawes
Topsfield, MA
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Debe Maxwell, CRS
Charlotte, NC
-
John Juarez
Fremont, CA
660,806
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.
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Doug Dawes
Topsfield, MA
-
Debe Maxwell, CRS
Charlotte, NC
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John Juarez
Fremont, CA
1,196,758
Homestead in MA is a different thing. In MA we are not required to have our spouse participate or be on the deed.
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Debe Maxwell, CRS
Charlotte, NC
-
Doug Dawes
Topsfield, MA
1,844,271
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.
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Debe Maxwell, CRS
Charlotte, NC
-
Doug Dawes
Topsfield, MA
851,242
"Not it" in NY. :)
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Debe Maxwell, CRS
Charlotte, NC
-
Doug Dawes
Topsfield, MA
4,882,355
I'm not sure how many; however, Texas is a homestead and community property state.
-
Debe Maxwell, CRS
Charlotte, NC
-
Doug Dawes
Topsfield, MA
62,960
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.
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Doug Dawes
Topsfield, MA
-
Debe Maxwell, CRS
Charlotte, NC
2,220,323
Interesting question and answers.
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Anthony Acosta - ALLAT...
Atlanta, GA
1,598,452
1,712,676
337,854
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.
5,868,472
883,565
Alaska is Homestead and both have to sign to sell or one can sign a waiver and release
901,493
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.
4,935,567
921,504
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.
536,943