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Do I need a real estate attorney?

Los Angeles, CA |

I bought a house 1 week after getting married and my wife signed a quick claim form. I would like to move the house into my living trust and I would like to refinance it. Which should I do first and will my wife ever need to sign another quick claim form? That is something I would like to avoid. Is it more difficult to refinance if the house is in a trust? (My wife is the executor of my trust should anything happen it shouldn't be a problem for her.)

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Attorney answers 2


Refinance first -- although your wife may have to be a co-borrower and/or be on title depending on the lender and other facts not stated. Whether or not your wife is "on title" she will be able to assert a community property interest in the house unless there is a clear waiver of that interest. IMO, a Quitclaim deed will not suffice. Good luck.

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You should likely consult a lender first. Lending requirements VARY greatly from lender to lender. Often (but not always), private mortgage brokers (i.e. not your local national bank chain) have greater flexibility in lending issues. Their underwriting department will ultimately decide if they can lend to you, and what (if anything) they may require regarding the trust, deeds, etc., etc. Good luck!

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