The husband (in CA) signed a contract with his name on the contract only. The wife doesn't like the house. She indicated that she won't sign a disclaimer deed. At this point, what is the natural course of action for this transaction. Will the husband able to get his earnest money back? Which party has interest in the disclaimer deed? If the deal fail, who is at fault, the buyer or the seller for not securing a disclaimer deed before the contract is signed. Thanks.
H.|||A disclaimer deed just means that the wife does not accept owner ship of the property that it would be her husbands to own not hers jointly. If anything happened to her husband and they owned it legally it is not her hous too.
He would be the sole owner.
so I can see why someone would not sign it if they WANTED the house.
To the best of my knowledge they need both signatures and should have obtained both signatures since they are married and in California.
You might try calling an attorney that specializes in real estate transactions.
He might be able to give you some free info if you call on the phone. I would try a few and see what kind of info someone can give you.
Because a discalimer deed would just apply to the married couple that own or want to purchase the home. I t has nothing to do with the seller.|||When we bought a home one time and put up the deposit the Realtor said if we backed out they keep the money put down..
But this was not so i blocked him in the drive way and made him write me a check of course since he said that i rush to the bank thinking he would stop payment. But he didn't so i would say yes.
It was called escrow.
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