When Is a Disclaimer Deed Appropriate?

Question: A man has owned the home for 10 years. Last year the man married. The man now wants to sell the home, but the title company is requiring the wife to sign a disclaimer deed. If the husband's name is the only name on the title, why is the title company requiring a disclaimer deed from the wife?

Answer: Any income earned by either spouse during the marriage is community property. If such income is used to make mortgage payments or to make repairs on the home, the community will have an interest in the home, even though the home is titled in the name of one spouse. Inasmuch as a title company cannot determine whether community assets or the husband's separate assets were used to make mortgage payments / repairs during the marriage, a requirement by the title company of a disclaimer deed from the wife is appropriate.

-C. Combs