If living in a community property state, it may be necessary to discuss oyur legal options with yoiur lawyer prior to buying, selling, or refinancing property.
Community Property, common in some states, especially the northwest and southwest portions of the United States. It basically states that any property acquired by two people during their marriage, is considered to be owned together, with very few exceptions.
California is a Community Property state.
There are nine Community Property states:
Arizona
California
Idaho
Louisiana
Nevada
New Mexico
Texas
Washington
Wisconsin
Also in these type of states when you sell a piece of property that was owned by the couple - in the case of divorce - you must have both signatures on the property unless otherwise state in the divorce decree. Also for married couples if one borrower is qualifying for the mortgage because their scores are higher the other spouse will still be required to sign the security instrument and usually a couple of other documents at closing. The only variance in this is when "separate" property is being purchased. It's wise to always seek the advise of an attorney in such matters.