Title troubles for California wife
I want to use my separate property to buy a vacation home that my husband does not want me to buy. I will not be using any community property to buy the house and can qualify for the loan on my own without a problem, but the title company says it won't issue me a title policy unless my husband signs a quit claim. He won't sign it. Are there any creative options like setting up a corportation or trust and having the trust or corp. buy the property?
What is the cloud on the separate property title? Is he on it somehow ? is the divorce still in judgment? Can you get creative with the vacation property owner?
There is no divorce pending. I plan to stay married to my husband. I have talked to the seller and he is unwilling to carry the loan of finance the purchase. Any suggestions?
This problem comes up quite a bit in community property states, and title insurance companies always ask for the quit claim deed to protect themselves from future claims. There is no easy way around it, although I have never sat down with an attorney to discuss setting up a separate legal entity, so you might try that.
[addsig]
Here in NC, you would need a "free trader agreement". It basically gives you the right to buy and sell property w/o your spouse gaining a marital interest. However, some title companies may require one specific to the transaction, and, of course, getting the spouse to sign one may be as difficult as getting him to agree to buy the property. BTW ANY separation agreement should have one in it.
HTH
Bob
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Destina2,
I feel your pain. One can not make their spouse understand everything when it comes to profits in real estate investing. There is nothing that you can do to purchase this property without your spouse's agreement to purchase nor could you sell it without the same agreement. Even though you have the cash to purchase this property from money that you had before the marriage (sad).
My wife of 15 years, has no interest in helping me with our properties. She often states to me, I am not signing for anything else. I hate the idea that I can not be free to aquire properties without having to deal with her attitude. I have been successful in my hobby as a REI. I have done everything without her help. I manage/fix/and or repair/ paint/ negotiate all deals.
The sad thing is this if we were to divorce she would get half. I would be forced to sell all holding in order to give her half. But who ever said live was fair.[ Edited by Vern on Date 07/21/2003 ]
"On 2003-06-19 15:38, destina2 wrote:
I want to use my separate property to buy a vacation home that my husband does not want me to buy. "
-------Is your husband on the title of the separate property? Are you trying to refi/cash-out in order to purchase the vacation home?
I will not be using any community property to buy the house and can qualify for the loan on my own without a problem, but the title company says it won't issue me a title policy unless my husband signs a quit claim.
----------------Is this the title company on the property you already have? or on the new property? If it is on the one you have already, have you considered shopping around for another TITLE company to see if they handle things the same way?