Can I buy a home if my wife refuses to sign?
By Jerry on Jul 16, 2008 in Buyer Answers
Scenario: I’m a married person who is separated from his wife. I would like to buy a home but my wife refuses to sign a “quick claim deed” Can I still buy a home even if my wife refuses to cooperate with me?
Answer: Yes, you can could buy a home under your name only without having your wife sign any papers.
You can buy a new home and even though you are married, you can take title as a “single man”.
This way your wife will not need to sign any escrow papers or quick claims deeds.
If during the escrow period, you disclose to escrow that you are married though, they will force you to have your wife sign the quick claim deed or the transaction will not close.
Please be advise that even if you can buy a home without your wife’s signature, there will be too much liability on your side.
This is what we mean: California is a community property State so even if you wife did not signed a quick claim deed, she would still be entitle to the property.
