Community State Property

In a real sale transaction –  if spouse is also in title (or lived at property), we  would require spouse sign the Warranty Deed.  If spouse did not want any proceeds from sale, spouse would sign an in-house “proceeds form” directing us as to how proceeds are to be split.  If spouse is not in title & never lived at the property, spouse could sign a “Non-Homestead Affidavit” & proceeds form.

In a non-real estate transaction and spouse simply wants to be taken off title – they would need to contact a real estate attorney, as he would need to review the situation and advise them as to what can be done (property with lien may be handled differently than property without lien).

In a divorce situation - the divorce decree should hash out everything properly (the divorce decree will divest the individual not getting the property of any right, title, etc in the property).  Most of the time, attorney will have that individual deed out, but also sometimes a deed  is not done & a certified copy of the decree filed in real property records at time of a sale.  The decree could probably also address your question regarding assets in both names… your client’s best bet is to contact her divorce attorney for answers to these questions.

 

Patrick Lim (832) 472-2113

Helping you move today towards a better tomorrow!

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