Legal Question in Real Estate Law in California

Does a non vested co-signers spouse need to sign the Deed of Trust in California?

Asked on 10/07/13, 1:05 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

That's a loaded question. Normally, the lender will want all parties who have legal title to the property, or who are acquiring legal title to the property, to sign the deed of trust. A deed of trust will encumber subsequently acquired property. (Peregro v. Seltzer (1st Dist. 196) 260 Cal.App.2d 825.)

Although property may be acquired with separate property, and titled as such, the community may acquire a pro tanto interest in the property to the extent that community property funds (such as a spouse's earnings) are used to reduce the principal purchase price which is secured by the deed of trust. Thus, it may be a good idea to have the other spouse also sign the deed of trust, to make sure the property is fully encumbered, now, and in the future.

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Answered on 10/07/13, 2:15 pm

William Christian Rodi Pollock

Yes, because of the presumption of community property most lenders and title companies require it.

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Answered on 10/07/13, 3:57 pm

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