Help Just sold my home in calif

[markndannie]

Nothing is easy anymore. I sold my home last week and now the escrow co says they need my wife to sign for the title release here. Anybody know if this is necessary? this could add a couple weeks to the closing. And i just bought a home in wisconsin.

mark

[Guest aosnow]

i believe her signature is not necessary unless the home was community property, which seems unlikely.

[yuehan123]

Trigg has said it before, Calif is a strange place. Is your wife on the title? Maybe it's irrelevant because Calif is a "community" property state. Did you just ask the title company why?

[markndannie]

Trigg has said it before, Calif is a strange place.  Is your wife on the title?  Maybe it's irrelevant because Calif is a "community" property state.  Did you just ask the title company why?

no the title is just in my name, my relator called me and asked me about it, since he knew i had married in China.

Mark

[Guest aosnow]

oh, wait. it just ocurred to me that she MAY have a community property interest at stake. If mortgage payments were made from your earnings after marriage ( which are community property), she may very well have an interest.

[yuehan123]

Do an Internet search "california community property", I just did. Maybe this explains it.

 

1) What is community property?

California law defines community property as any asset acquired or income earned by a married person while living with his or her spouse. Separate property is defined as anything acquired by a spouse before the marriage, or during the marriage by gift, d evise or bequest. The law requires that the community estate be divided equally if there is no written agreement to the contrary. This means that from the total fair market value of the community assets, the joint obligations of the parties are subtracted, yielding the net community estate. Unless agreed otherwise, each spouse must receive 0†5 of the net community estate.

 

So, you must merely explain "yes, I am married- no, she does not and has not lived with me, and I can prove it."

[markndannie]

So, you must merely explain "yes, I am married- no, she does not and has not lived with me, and I can prove it."

Thanks John, i just passed it on to my realtor, i sure appreciate the help

Mark

[Dan R]

Mark! how could you leave the Real Cheese State for the Cheese State??? And before the August meetup??!!!

[tonado]

Don't you have a lawyer for closing? The lawyer should know.

[bubbafred10]

Mark - You cruel, moving from temperate climate wine country to frigid badgers and packers country.

[markndannie]

ah yes, packers, and brats!!!! I was born and raised there and Laopuo wants to be close to my family. And real estate is much less expensive there. Bought a nice duplex in my hometown, now i can get on the long list for packer season tickets. The lake is right across the street. And Roger and Luli are only 20 minutes away. Real Cheese is from wisconsin, california can't hold a candle to the cheese there! And i have always been a cheese head!

 

Real estate agent told me that my wife does not have to sign for title on calif home.

Mark

[CR1togo]

Don't you have a lawyer for closing?  The lawyer should know.

JFI: Out west, Tony, we don't typically use lawyers. The legalese, title searches and transfer of title are done by escrow and title companies. acw

[cosmiclobster]

Mark: I am a licensed CA real estate agent. If your name is the only one on the title, then you only need your signature.

Although CA is a community property state, you can hold real property seperately from your spouse. This is decided when you specify how to take title to the property, and since you took it in your seperate name, your wife has no claim to it.

 

You can probably buy 3 houses in WI for what your house in CA sold for!!