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If the wifes name is not on the deed, it doesnt matter. Its still marital property because it was bought during the marriage. This makes it marital property and is still split between both parties. The wife is entitled to receive either equal share or equitable share of the house.
A deed is evidence of a specific event of transferring the title of the property from one person to another. A title is the legal right to use and modify the property how you see fit, or transfer interest or any portion that you own to others via a deed. A deed represents the right of the owner to claim the property.
California mainly uses two types of deeds: the grant deed and the quitclaim deed. Most other deeds you will see, such as the common interspousal transfer deed, are versions of grant or quitclaim deeds customized for specific circumstances.
Property can be transferred between two spouses to one spouse, or from one spouse to the other, by using this type of deed. Interspousal deeds can be used in other ways as well. For example, a mortgage lender may ask the spouse of the borrower to sign an interspousal transfer deed.
If your name is on the mortgage, but not the deed, this means that you are not an owner of the home. Rather, you are simply a co-signer on the mortgage. Because your name is on the mortgage, you are obligated to pay the payments on the loan just as the individual who owns the home.
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A California quitclaim deed form is a special type of deed used to transfer real estate without making guarantees about title to the property. A person that transfers property by quitclaim deed makes no promises that he or she owns or has clear title to the property.
If real estate qualifies as separate property, a married individual may take title in his or her name alone. The deed should recite that the property belongs to that spouse as separate property. Although not a strict legal requirement, it is best practice for both spouses to also sign a Separate Property Agreement.
If real estate qualifies as separate property, a married individual may take title in his or her name alone. The deed should recite that the property belongs to that spouse as separate property. Although not a strict legal requirement, it is best practice for both spouses to also sign a Separate Property Agreement.
In California, quitclaim deeds are commonly used between spouses, relatives, or if a property owner is transferring his or her property into his or her trust. A grant deed is commonly used in most arms-length real estate transactions not involving family members or spouses.
It depends on who is named on the mortgage. This is called joint and several liability. You are both responsible and liable for paying the mortgage. That doesnt mean you are both liable for half each though if one person doesnt pay their share, the other can still be held responsible for the whole mortgage.

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