Posted by michnott on 8/4/11 6:36am
Msg #392599

CA dower rights?

Does dower apply in CA? No instructions from title. Just not sure

Reply by Notarysigner on 8/4/11 8:02am
Msg #392604

All rights reserved!

It all belongs to her if that's what you're asking. All she needs is a death certificate.

Reply by Linda_H/FL on 8/4/11 8:15am
Msg #392605

This looks interesting - maybe this will help

Honestly though - you should press title for instructions - it's their call.

http://law.jrank.org/pages/11839/Marital-Property.html

Reply by Notarysigner on 8/4/11 9:17am
Msg #392610

Re: This looks interesting - maybe this will help

Good info Linda, thanks for posting. I must add however that not all TC personnel know the answer themselves. Yes it their call but they may still give you the incorrect answer. Doing what you did, finding a reference to go by is the best way. IMO

Reply by Linda_H/FL on 8/4/11 9:28am
Msg #392611

Re: This looks interesting - maybe this will help

" Doing what you did, finding a reference to go by is the best way."

Not necessarily - it's good for general knowledge to know when one SHOULD question the instructions given, but the final call is with the title company, regardless of what the notary's knowledge, experience or prior research tells them. If title gives out bad info, it's on them - if a notary makes this call it's UPL, and probably punishable by their individual state.

Reply by JanetK_CA on 8/4/11 11:40pm
Msg #392751

Re: This looks interesting - maybe this will help

I agree, Linda. We ARE a Community Property state, although it's been my experience that that doesn't mean that title answers are cut and dried. There are sometimes conditions and situations we have no knowledge of where the correct thing is not what one might expect. As a general rule, if a spouse is on title, but not on the loan, they naturally sign the usual legals, DOT, RTC, TIL, etc. However, I find it very common in my area for a spouse to own property as their "Sole and Separate" property. In my experience (and I've also seen exceptions to this), that usually means that the spouse who is not on title has previously had recorded either a Quit Claim Deed or often an Interspousal Transfer Deed giving up any claim they have to the property.

Since the title company is the one insuring the title, they are the ones who dictate who signs what. So there are no California laws I'm aware of that would ever have ME dictate who should and who should not sign anything. But if something doesn't make sense, it always pays to ask.

By way of example, I saw one package originating from out of state within the last few weeks where the wife was NOT on the vesting but her name was typed (an obvious add-on) on the signature page of the DOT. Didn't make sense to me, so I called title and was told to have the husband line out her name on the signature page and just have him sign (and initial the strike out, of course). BTW, I made sure I was talking to the right person! Can make a huge difference...

Hope this helps.

Reply by Notarysigner on 8/4/11 9:57am
Msg #392621

Linda, it was only my opinion....In Ca

saying "the Title company told me to do it" will get you in a lot of trouble if they're wrong. IMO

Reply by Linda_H/FL on 8/4/11 10:00am
Msg #392622

How so James?

Unless it's a matter of notary law, it's not your call...

Notarial error, yes - that's all on you - but anything outside notary law is not your responsibility, ESPECIALLY when you have a title company instructing you on lender or title requirements.

Reply by Linda_H/FL on 8/4/11 10:01am
Msg #392624

Re: How so James?..and should have added

There is no way I'd take responsibility for incorrect lender or title requirements...that's something that's just way outside my pay scale.

Reply by jba/fl on 8/4/11 10:00am
Msg #392623

Not if you get it in writing. n/m