Legal Question in Real Estate Law in California

What document should I sign with “sell by owner” transaction for the land purchase deal if the owner of the property is deceased , but he has a wife, she is alive. Property located in California . As I know in California is a community property State. But on the Deed there is only his name and written “as his sole and separate property”

Can his wife in this case sign and Affidavit and a Grant Deed?


Asked on 5/26/22, 11:51 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

Absolutely not. Taking title as sole and separate property partially defeats the community property law, and if it was acquired before marriage and/or paid for from funds not earned during the marriage, there is no community property interest at all. The only way she can legally sell it is by opening a probate case and either selling it out of the probate, or completing transfer to her (IF she is actually entitled to it) and then sell it to you. You and the seller are not going to be able to complete the sale without her hiring a lawyer to guide her through it.

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Answered on 5/27/22, 9:56 am


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