Need Help On Sales Contract Regarding Marriage

Tough_rose profile photo

Hi,

My husband purchased a house last year, my credit was so poor that it would've affected the qualification for loan if we got mortgage jointly. Only his signature, not mine were on all the sales contract paper. He didn't mention that he was married and sales agent didn't ask at that time. I've recently learned that in California it's important for the agent to obtain both husband and wife's signatures for sales contract.

Supposed I don't care about whether or not I have the title for the house, my question are:

1. Is the house still a community property?
2. Was that sales contract still enforceable? Did the sales agent or my husband violate the regulation of signing a contract?

Please help.

Comments(4)

  • LynLinz18th July, 2003

    Don't know about Calif but why worry now about the contract if you have the house, unless you are concerned that you are not on the title
    I would say at least in Fl that you do not have to be on the loan but at closing with a title company or attorney, you can be added to the deed for recording whether or not you are on the mortgage
    In Fl this can be done after the fact by both signing a quit claim deed and adding yourself to title
    Ask your closing agent to do so
    <IMG SRC="images/forum/smilies/icon_smile.gif"> [ Edited by LynLinz on Date 07/18/2003 ]

  • 18th July, 2003

    Need out of state owner direct mailer letter

    Investors,
    I am going to do some mass direct mailings to out of state home owners also called absentee owners. And I am looking for good letters that maybe some of you have written, that have resulted in sales.

    If you have any that have worked good could I have a copy. Below is my fax number or just post it here. It would save me alot of time and from reinventing the wheel.

    Any pointers very much appreciated, I have done a very narrow and critical seller search and ready to mail.

    Thank you so much,
    Bill
    fax 702.646.2577
    email **Please See My Profile**

  • webuyproperties18th July, 2003

    Though I am not an attorney, you should not have any problems getting your share of the property should you divorce. Community property states (CA) mean that what you have is his, and vise-versa.
    Good luck

  • justmjc18th July, 2003

    You can also just fill out a quitclaim deed which will add you to the deed, and record it. That way there should be no question no matter what.

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