Legal Question in Real Estate Law in California

In California, my husband purchased our home before we were married. I am not on title. He now wants to refinance. My credit is bad and we do not want me involved with the refinancing. Can he refinance on his own, even though we are married, since the mortgage is in his name only?


Asked on 2/10/12, 10:12 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

This is largely a matter of lender policy, not California law. However, under California law, since we are a community-property state, lenders are aware that a spouse can develop a small interest in the other spouse's separate property, so typically the lender will require the non-owner spouse to execute a quitclaim deed to the title-holder spouse.

The spousal interest arises because earnings of either spouse during marriage are generally community property, and when principal payments are made with community-property earnings, the community, and hence the other spouse, gradually builds up what is called a "pro-tanto interest" in the property.

Refinancings such as the one you're planning are quite common and an experienced lender should be able to handle the paperwork without blinking.

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Answered on 2/10/12, 1:17 pm


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