I am married, but separated. We have not filed any paperwork. I want to buy a house by myself and do not want my spouse to have any rights to the house. If he signs a quit claim deed, do we need to be legally separated or divorced in order for that to happen?

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Originally Posted by uglibetiam

I am married, but separated. We have not filed any paperwork. I want to buy a house by myself and do not want my spouse to have any rights to the house. If he signs a quit claim deed, do we need to be legally separated or divorced in order for that to happen?

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First off knowing the state your in goes a long way to answering your question. If your in a community property state then yes it matters. Really even if your not it matters too. What home are you trying to purchase? A new home or the one you have been living in?

Thank you for your help.
We were married in Calif. We are currently renting. I want to buy a new home, but not the one I am in.

Then you need to file first. California is a community property state. Also your money is subject to community property. So be aware. Its going to need a proper title. And the dealings will be in court papers.