QUESTION
What can be done if she refuses to sign a quit claim deed so that he can get a loan and buy it?
Asked on Apr 01st, 2015 on Divorce - California
More details to this question:
There was an option to purchase a condominium. The option expires May 13th. He bought the option in January of 2014 when the parties were still together, or married. They separated in April 4th, 2014. It does not appear that there is any community interest. Although between January and April 2014 they were paying rent which will be applied to the purchase price. She has already told me, that she does not want nothing to do with the condo, but refuses to sign. Without her signature, the lender will not loan.
2 ANSWERS
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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There appears to be a 100% community interest in the value of the option. It appears that wife will need to quit claim her interest in the option, you'll have to defer exercise of the option until it is adjudicated, or you'll have to exercise it on a gamble.
Answered on Apr 02nd, 2015 at 1:20 PM
Family Law Attorney serving Fountain Valley, CA
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Law Office of Edwin Fahlen
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This option if exercised properly may be perfected without the wife. Based on your facts the timing is critical to take action now. Either there are facts not disclosed, or legal counsel should be retained immediately. If you fail to take ALL required steps to perfect the option in a timely manner, the option will be lost.
Answered on Apr 02nd, 2015 at 12:06 PM