Buying or Selling a Home/Title of a Home?

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Expert: - 10/13/2004


Question
Hi, I live in california, And thought maybe you would have some info for me on this subject anyway. My husband and I bought a home 2 years ago,recently refinanced, and very recently found out he is still married to his last wife from 10 years ago. They both thought they were divorced. Anyway she want's nothing to do with our house, But my husband(LOL)and I have the title as husband and wife on our deed. Do we need to do anything legal with that? Sense he was really legally married to her and not me. Although we will be re married shortly. We do have our marriage recorded and registered with the court.How is that for a funny question. Can you help? I am told to maybe get legal advice in it. Thanks for your time, Lisa

Answer
Hi Lisa;
I have had many interesting questions over the years, but I must say yours takes the prize! Now let's see...you and your "husband" were recognized on all of the documents as legally husband and wife.  In title search there was nothing to contradict this. Here is what I would do.  I would go to an attorney and get him to draft a quit claim deed that his past wife can sign.  Basically it removes any claim that she would have on the property.  This is a document that is sometimes used under dire circumstances.(And this sounds pretty dire!)I would also speak to the attorney about your legal rights to community property under the circumstances.  The attorney will be able to look at the title history and advise you accordingly.  You can also do a title search on your own but it can be complicated.  It is best to leave this to a professional.  Good luck to you.

Sincerely,
Jessica Bryan
Managing Broker
House to Home Realty Services

Buying or Selling a Home

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Jessica Bryan

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buying and selling process such as:
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How to market a home
Why choose a REALTOR
How do I find a REALTOR
Should I consider buying or selling without a REALTOR--how much can I save
Should I remodel or move
How much can I expect to gain by fixing up my home before selling
Helpful tips when selling
Helpful tips when buying
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what is the difference between banks, mortgage bankers, and mortgage brokers
Questions from the general public, people thinking about getting their real estate license, newly licensed.
Fellow professionals who have interests in networking and how to get started
What is a market evaluation and how does it differ from an appraisal what are the different loan programs
services a REALTOR can perform
when to use a lawyer
when to use escrow
what are the regional differences in the buying and selling process
what is the MLS and how does it work
how can the layman access information on the web--listings and other information
These are just a few of the questions. I can suggest that if I am unable to answer a question I will refer the inquiry to a source that can.

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Anyone who is in this business and who dedicates oneself to professionalism has continued to take classes and along with it,additional credentials, awards and honors. I can list a host of them, but my greatest accomplishments happen to be those of getting first time buyers (who didn't think they could afford to buy a home)into a home of their dreams. The look on their faces when I hand over the keys is worth all of the hard work.

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