Jennifer Parrish, Closing Business (Ocean Realty )

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Rainer
248,743
Caroline Gerardo
Pinnacle Home Loans - Newport Beach, CA
C. G. Barbeau the Loan Lady nmls 324982

CA  spouse has to sign aknowledging she/he is not on the deal- community property state, often misunderstood

Dec 16, 2019 02:53 PM
Rainmaker
3,270,447
Nina Hollander
Coldwell Banker Residential Brokerage - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

Not here in NC... but if you go to sell the property your spouse has an automatic spousal interest and must be involved and also sign all paperwork. We say " it takes one to buy, but two to sell."

Dec 16, 2019 02:12 PM
Rainmaker
5,569,141
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Not common.

 

TexasFlorida, Iowa, South DakotaKansas, and Oklahoma have some of the broadest homestead protections in the United States in terms of the value of property that can be protected.

Homestead exemption - Wikipedia


https://en.wikipedia.org › wiki › Homestead_exemption
Dec 16, 2019 02:06 PM
Rainmaker
5,174,175
Barbara Todaro
RE/MAX Executive Realty - Franklin, MA
Marketing Agent for The Todaro Team

what???? that's not in MA.... so if the husband is a deadbeat, you can't buy a home????

Dec 16, 2019 01:27 PM
Rainmaker
729,213
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

California is a community property state. If I buy a house, my wife owns a community property interest whether she signs the deed and/or mortgage or not. She does not have to be involved and yet she is involved.

Homestead has a totally different meaning.

Dec 16, 2019 05:32 PM
Rainmaker
1,275,442
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Californai - If one spouse won't be on title, they need to do a quitclaim or otherwise acknowledge in writing that they are aware they are not going to be on title (or that they are not on title, for a sale).

 

So in a way, they must be involved in some degree.  However if I'm buying with my own money and putting it directly into a trust or company that my spouse isn't a part of, they don't need to sign anything.

 

If I have a lot of properties (or plan to acquire a lot of properties) where they won't be on title... then they definitely need to sign something... A PRE-NUP!!!

Dec 16, 2019 03:42 PM
Rainmaker
2,842,539
Kathleen Daniels
KD Realty - 408.972.1822 - San Jose, CA
San Jose Homes for Sale-Probate & Trust Specialist

Interesting question and comments here.  Yes, it does matter by state laws. I am in CA - other CA members have responded here.

Dec 16, 2019 08:27 PM
Ambassador
4,440,648
Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

The spouse must be in on the financing here.

Dec 16, 2019 04:36 PM
Rainmaker
3,412,989
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Usually,if a primary residence, the spouse must waive their homestead rights if not jointly on the mortgage.

Dec 16, 2019 03:06 PM
Rainmaker
1,566,988
Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West & Geneva Financial, Llc. - Carlsbad, CA
Presence, Persistence & Perseverance

Here in California, since it is a Community Property State, yes.

 

Dec 16, 2019 02:14 PM
Rainmaker
34,544
Karen Climer
Demetree School of Real Estate - Orlando, FL
Teaching people to pass the real estate exam

 I don't know specifically which state, but our homestead laws are rare.  Besides the spousal thing, there are other homestead protections that are unheard of in other states.

Dec 16, 2019 01:43 PM
Rainmaker
766,204
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

We record disclaimer deeds ALL the time where the spouse signs away their rights to the property . . . and it is owned in just the other spouse's name.

Often, it is because one spouse cannot qualify for financing but the other has sufficient credit-worthiness. So lender requires the other spouse to not be on anything . . . 

I've also seen the other spouse be put back on the deed after closing.

We had one idiot couple bail on a deal because she qualified and he was butthurt that he had to be off the deed. LOL

Dec 16, 2019 06:31 PM
Ambassador
2,256,496
Wanda Kubat-Nerdin - Wanda Can!
Prado Real Estate South - St. George, UT
So Utah Residential, Referral & Relocation REALTOR

Utah is a Homestead state and the spouse does not have to sign. Both must be involved during a divorce though.

Dec 16, 2019 06:08 PM
Rainmaker
1,677,825
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co. Notary Services, retired Realtor

In ND the spouse must be on the mortgage.

Dec 16, 2019 05:00 PM
Rainmaker
401,698
Susie Kay
Ultima Real Estate - Plano, TX
North Dallas Specialist

Not sure about homestead but Texas is a community property state.  It takes one to buy and the loan can be under one name but two to sell.  Title company will usually explain this at closing. 

Dec 16, 2019 04:27 PM
Rainmaker
750,420
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

Not aware of it in my area; primary residence purchases can be made by one spouse.

Dec 16, 2019 02:08 PM
Ambassador
3,501,220
Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
Charlotte Homes for Sale - Charlotte Neighborhoods

NC is not but, South Carolina is. We get a lot of downsizers selling in Charlotte (NC) and moving to nearby Fort Mill (SC) due to SC being a Homestead state.

Dec 16, 2019 10:41 PM
Rainmaker
952,564
Thomas J. Nelson, Realtor e-Pro, CRS, RCS-D, Vets
Big Block Realty 858.232.8722 - La Jolla, CA
& Host of Postcards From Success Podcast

I echo Caroline Gerardo 

Dec 16, 2019 05:15 PM
Rainmaker
4,631,059
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Ryan Huggins - Thousand Oaks, CA has your answer.  One of our clients was buying commercial properties with a group, and his wife had to sign a quit claim deed.  A

Dec 16, 2019 04:08 PM
Rainmaker
558,231
Tony Lewis
RE/MAX of Valencia (Hall of Fame) 30 year Valencia Resident - Valencia, CA
Summit Real Estate Santa Clarita & OC Laguna Nigel

I have heard of homesteading a property but not a thing being mandatory here in California.

Dec 16, 2019 03:56 PM
Rainmaker
437,265
Steffy Hristova
HomeSmart Elite Group Tempe AZ Tel: 480-966-9353 - Tempe, AZ
Tempe AZ Realtor - Your Home Close to Your Work!

Arizona is a community property state, and if one of the spouses is purchasing in his or her name, the other spouse has to sign a quit-claim deed. Title/Escrow companies usually have advisories on this topic to Buyers.

Dec 16, 2019 03:02 PM
Rainmaker
808,761
Doug Dawes
Keller Williams Realty - Topsfield, MA - Georgetown, MA
Your Personal Realtor®

Homestead in MA is a different thing. In MA we are not required to have our spouse participate or be on the deed. 

Dec 17, 2019 07:04 AM
Rainmaker
1,572,255
Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg IL Real Estate

yep, IL has the same thing. Very archaic but that's the law.

Either spouse must release homestead whether they lived in the home or not at closing. It was during the prairie days so husbands couldn't throw the wife & kids out on the street. 

Dec 17, 2019 05:24 AM
Rainmaker
656,365
Brenda Mayette
Miranda Real Estate Group, Inc. - Glenville, NY
Getting results w/ knowledge & know-how!

"Not it" in NY.  :)

Dec 17, 2019 04:26 AM
Rainmaker
3,181,364
Richard Weeks
Dallas, TX
REALTOR®, Broker

I'm not sure how many; however, Texas is a homestead and community property state.

Dec 17, 2019 02:23 AM
Rainmaker
48,237
Rae Dolan
Roots & Wings Realty Group / Champions Real Estate Group - Katy, TX
Real estate agent serving the Katy area

In Texas, both spouses have to sign the paperwork for the purchase of sale, but they don't both have to be on the loan. Texas is community property. So even if the deed is only in one spouses name, both of them will need to sign at closing. 

Dec 16, 2019 08:59 PM
Rainmaker
1,160,127
Anthony Acosta - ALLATLANTACONDOS.COM
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

Interesting question and answers.  

Dec 17, 2019 05:02 PM
Rainmaker
1,272,933
Valeria Mola
SIB Realty - Miami, Sunny Isles Beach - Sunny Isles Beach, FL
305-607-0709 SIB Realty Condos for Sale and Rent

I am in Miami area. Same.

Dec 17, 2019 07:53 AM
Ambassador
1,669,237
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

Oklahoma also.

Dec 17, 2019 07:33 AM
Rainer
146,044
Adam Feinberg
ANCHOR ASSOCIATES - Manhattan, NY
NYC Condo, Co-op, and Townhouse specialist

Not the case in NY. That said- since my market has a high percentage of co-op apartment sales, spouses (and their finances) must be included in the co-op board application. Both spouses will be scutinized and interviewed.

Jan 14, 2020 07:41 PM
Rainmaker
4,201,836
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

This is not the case in Colorado.

Dec 19, 2019 08:08 AM
Rainmaker
648,285
Debra Leisek
Bay Realty,Inc Homer Alaska - Homer, AK

Alaska is Homestead and both have to sign to sell or one can sign a waiver and release 

Dec 18, 2019 12:11 AM
Rainmaker
651,324
Carla Freund
Keller Williams Preferred Realty - Raleigh, NC
Carolina Life RealEstate & Relocation 919-602-8489

It takes one to buy and two to sell in NC. SO you can buy without your spouse but, if you're married when you sell (even if that person wasn't your spouse when you purchased) the spouse must sign.

Dec 17, 2019 12:19 PM
Rainmaker
3,278,238
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Not in our state of Colorado.

 

Dec 17, 2019 10:16 AM
Rainmaker
789,506
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

The buyer had the potential wife and the un-divorced ex at the closing table simultaneously. Signatures where being applied to everything. It was awkward.

Dec 17, 2019 09:22 AM
Rainer
501,666
Rose Mary Justice
Synergy Realty Pros - Dandridge, TN
Synergy Realty Pros

One or the Other can purchase here.  

Dec 17, 2019 08:58 AM