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Can a married man in CA purchase a home in his name alone based on his credit & income,without having his wife sign anything?

Fresno, CA |

Want to know if a married man can purchase a home in CA based on his info alone to have the home in his name alone without having his wife sign any paperwork?

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Attorney answers 1


A married man can get a loan in his own name without using the wife's credit, and since the purchase would be presumed to be a community property, the wife would be on the title as co-owner of the house (usually with title as joint tenants with right of survivorship, which means that when one of you dies, the other automatically owns 100% of the house, without having to put the house in your will or in a trust).

But it's possible to override that presumption, and for you to take the loan out in your name and own the house as your separate property, and in that case, your wife would have to sign documents that say that she agrees with your sole ownership.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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