"Spousal" and "community property" laws are going to vary from state to state and there are lots of variables here in California that can come into play, so I think CJ's point is valid. I feel some of the problem arises when someone tries a one-size-fits-all approach to dealing with this issue. (Of course, the lender has the right to request whatever signatures they want.)
I'm no attorney nor am I an expert in how title can be held, but I CAN say that I have seen very many situations where title is listed in one spouse's name as "Sole and Separate" and there is no requirement for the spouse to sign anything. I have also seen a number of situations where the package included an Interspousal Transfer Deed which allowed the property to be vested as "Sole and Separate" for the other spouse, precluding the need for that person to sign any of the rest of the docs. And there is no way WE can know what docs have or have not been previously recorded regarding how a couple is holding title unless signing and or escrow instructions give a clue. (There appear to be a variety of ways to deal with this issue in CA, so this is just an example.)
But I completely agree about the importance of knowing enough to be able to decide when that phone call is called for. |
