QUESTION

Can a spouse buy or sell real estate property without the other spouses knowledge?

Asked on Jan 19th, 2018 on Real Estate - California
More details to this question:
I am in the end stages of a divorce. I went online to check for any liens on our primary residence because my ex spouse is going to file for bankruptcy as soon as the divorce is final and apparently he put our house in his mother's name.
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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If the house is his separate property, then he can sell it, gift it or lien it, to anyone he wants. However, almost any independent buyer or lender will require title insurance. If he is married, the title insurance will not issue insurance without a deed from his spouse disclaiming any interest in the property. If the house is owned in the names of both of you, then he an only sell or lien his share, not yours. You need to talk about this with your divorce lawyer about how to protect your interest in the house. You also need to make sure you know how the bankruptcy will affect any divorce settlement agreement and your interest in any property you receive in the divorce. If your divorce lawyer is not sure about the impact of the divorce, then you and he should talk to a divorce attorney. Will your ex-husband's creditors be able to collect his debts from property you receive in the divorce? You need to know. Dana Sack  
Answered on Jan 21st, 2018 at 1:41 PM

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