Legal Question in Family Law in California

My boyfriend and I are buying a house and our escrow office is asking us to get his legally seperated wife to sign and quit release on the property we are trying to buy and she refuses, do we have any legal rights here?

Asked on 1/15/10, 1:06 pm

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

You have no right to force her to sign the quitclaim deed. And in fact, if your boyfriend is only legally separated and not divorced, you need some serious legal advice about this whole transaction. Otherwise his wife may be acquiring a share in the property, or may acquire one later. You and the boyfriend also need to have documents in place between you as to ownership and what happens to the property on sale or break-up. By buying the house together you are forming a legal partnership whether you want to or not. You need guidance on this.

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Answered on 1/20/10, 1:16 pm


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