Attorney answers (2)
Under California law, any property obtained during a marriage is community property, unless it was obtained by inheritance or by the use of separate property funds. If your husband is purchasing the property, he is likely using community funds and community funds will likely be used to pay the note. That means the community (you and your husband) will have an interest in the house. During the purchase, the title company or escrow company may ask you to sign a quitclaim deed. What you can do is not sign that, as that will give up all your rights to the property.
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Anything purchased during marriage, with community funds, or maintained by community funds, is considered a community asset if the parties later divorce. There are of course exceptions to this. If you want to have some kind of interest in this property, in the event of divorce, don't sign the quit claim. If you plan on staying married, you may want to consider opening up a discussion with your husband. It sounds like there is something going on under the surface. Has your husband said why he wants to do this? What are your concerns about him doing this? How will the down payment be made? Is there going to be a loan taken out for the property? Who will be responsible for that? You should probably get more information. I had a case similar to this, except that husband had already purchased the property and then put it in the name of his son from a prior relationship. Marital agreements are often helpful in, at minimum, opening up this discussion, and, at best, creating an agreement that everyone can live with. For more information, visit my web site at www.wcmediate.com.
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