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Question for CA Real Estate Attorney; My wife will not sign the Interspousal deed for a property in escrow.

Santa Ana, CA |

My wife will not sign the Interspousal deed for a property in escrow. I am selling a property in CA . I have a buyer and it is in escrow and now my wife will not sign the interspousal deed. Will this mess up this deal? And if so what are the ramificastions?

Attorney Answers 4


I think there are missing facts here. Why does she need to sign an interspousal deed? Is she on title? If so, you won't be able to close escrow. If not, and the title insurance company is willing to issue a title insurance policy to the buyer and buyer's lender, then you are okay.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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I am confused as well. Did you enter into a contract by yourself to sell a property that you and your wife held together? If so, shame on you, and on the buyers. The buyers cannot do much about it, because they should have insisted on your wife's signature on the contract, as well.

On the other hand, if your wife also entered into the contract, she may cost the two of you a significant amount of money when the buyers sue to enforce the contract and the court makes you pay their attorney's fees.

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All true as counsel stated. Are you going through a divorce? It sounds like you are. Do you have an attorney? If you don't, hire one. You can motion the court ex parte for an order shortening time for service and for hearing for the judge to order your wife to sign the documents and, if she doesn't do it, have the court appoint an elisor to sign the documents. Tell your real estate agent what's going on and work this out with the buyer.

Yes, if you don't act, it could mess up the deal as you put it. Hire a family law lawyer who understands real estate transactions.

I haven't reviewed your file or the documents although I've seen and handled cases like this before. If you've got a buyer in this market at this time of year and you want to sell, do it. Don't wait. Hire a lawyer this week. There are several lawyers on Avvo, includng me, who handle cases like this. Call and hire one.

Ms. Johns can be reached at her Woodland Hills and San Diego offices at (866) 402-4038. Her email is and her office does offer free telephone consultations to Avvo askers. Ms. Johns is a lawyer although she is not your lawyer unless you have consulted with her and signed a fee or letter agreement confirming her representation of you. This Avvo response does not otherwise create a binding attorney client fee agreement. Ms. Johns and her employees are not tax or financial advisors and do not give tax or financial advice of any kind. For such advice, it is recommended that you consult with a tax or financial professional in that field.

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Hillary Johns

Hillary Johns


And just to be clear, this is not a solicitation for business. consult with your lawyer if you have one or hire one.


This presents itself as a complicated issue and I suggest you consult with an attorney quickly before the pending escrow is compromised. We can offer a complimentary initial consultation.

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship

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