Can I buy a home in my name in California, without my wife’s name on the loan or deed?

UPDATED: May 17, 2009

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: May 17, 2009Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I buy a home in my name in California, without my wife’s name on the loan or deed?

My wife owns a home as her sole and separate property (California). She is in the process of short selling it. Meanwhile, I have excellent credit and would like to buy a home in my name, in California. It will be our primary residence. Can I do this before she sells her house?

Asked on May 17, 2009 under Real Estate Law, California


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Sure.  You are not rquired to buy property in both your names simply becasue you are married.  The bank does not care where they are getting their money from as long as they get paid.  You may add your wife to the title if you want after the short sale is done.  Or, you can transfer the property into an limited liability company so that the house is not exposed god forbid one of you are sued.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption