Legal Question in Family Law in California
I married in and and live in California with my spouse. I have rental property in Canada. I'm confused about how to have my spouse release his interest in my property legally since we are in California but my property is in Canada. I know if my property was in the USA he could sign a quit claim
1) Can he sign this same USA quit claim for a foreign property?
2) Normally I think a quit claim is filed in the county records office where the property exists what happens in this case when the property is in Canada?
2 Answers from Attorneys
You are going to have to contact a Canadian attorney, or repost in a category for Canadian attorneys to answer.
Real property law is entirely governed by the jurisdiction in which the property is located. So the method and documentation you would need is entirely a matter of Canadian law and/or the law of the Canadian province in which the property is located. In most cases you can sign documents in one jurisdiction and send them to the jurisdiction in which they have effect, but the rules vary on how you do that. You may have to go to a Canadian consulate to have the signatures or document notarized or otherwise authenticated. Only a Canadian attorney can really answer your question.
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