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    uglibetiam's Avatar
    uglibetiam Posts: 3, Reputation: 1
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    #1

    Nov 29, 2010, 04:23 PM
    Quit claim deed
    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?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Nov 29, 2010, 04:33 PM
    Quote Originally Posted by uglibetiam View Post
    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?
    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?
    uglibetiam's Avatar
    uglibetiam Posts: 3, Reputation: 1
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    #3

    Nov 29, 2010, 04:53 PM
    Comment on califdadof3's post
    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.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #4

    Nov 29, 2010, 04:59 PM

    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.

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