Advice Topics

Top Contributors (View All)

Chris Yochum
Dickson Realty

Reno, NV

123 Answers
Julianne Clark | Your Lowcountry Compass
Charter One Realty

Beaufort, SC

101 Answers
Lisa and Greg Harris
eXp Realty, LLC

Columbia, SC

91 Answers
Marty & Abby Champagne
RE/MAX Market Place

Oak Creek, WI

83 Answers
Steven Hunt
Real Broker NY LLC

NEW YORK, NY

60 Answers
Lynne Pruell
Realty 100 LLC

South Barrington, IL

47 Answers

Find a Top Real Estate Agent Near You

Can spouses buy property separately?

I'm wondering if I can buy a property apart from my spouse. I'd like to get an investment property and I would like to know if I can be the sole owner of it. We do file taxes jointly if that matters.

Asked By Mark | Santa Barbara, CA | 215 views | Buying | 5 months ago

Answer(8)

Rising Star

12 Answers

Evan Harlow

Coldwell Banker

(44)

Yes

2 months ago
Helpful (0)
Unhelpful (0)

Rising Star

12 Answers

YES in CA you can buy in many different vesting manner. You can buy as a community property which most married couples do in a community state like CA. However, you can buy with the title vesting as "Married, buying as sole and separate property" which means only 1 of you own it 100%. The other partner will need to sign 1 page quit claim deed at time of closing and notarized with you at escrow to insure they are aware of your purchase and their decision of not being part of your community property. you can also buy under an LLC or a trust. Always check with your CPA and attorney as some vesting manner change the way you are taxed when you sell or when your kids inherit it later on, or if even your spouse would be the one inheriting it! Hopefully this helps!

2 months ago
Helpful (0)
Unhelpful (0)

Are you ready to find a top agent near you?

Browse profiles of the highest ranked agents in your area and find one that meets your specific needs.

Novice

5 Answers

Drayton Herold

KW Elevate Luxury

(20)

Yes, spouses can buy property separately, but ownership depends on state laws and financing requirements. In common law states, you can purchase property in your name alone, while in community property states (e.g., CA, TX, AZ), assets acquired during marriage may be jointly owned regardless of whose name is on the title. If financing the purchase, lenders may still consider your spouse’s financial details since you file taxes jointly. To ensure sole ownership, you can take title individually or through an LLC or trust. Some states require a spousal waiver to prevent future claims. Consulting a real estate attorney can help you navigate the best ownership structure for your investment. The information provided in this response is for general informational purposes only and should not be considered legal advice. I am not an attorney, and this response does not create an attorney-client relationship. If you require legal assistance regarding your real estate contract or termination rights, please consult a qualified real estate attorney or legal professional in your jurisdiction.

4 months ago
Helpful (0)
Unhelpful (0)

Novice

5 Answers

Debbie Sagorin

Coldwell Banker Realty

(286)

Yes, you can buy a property in your name alone, even if you're married. But note that the title company will require your spouse to sign a document disclaiming any right, title, or interest in the property. This is to make sure that the property is recognized as your separate property, and nobody else's. Filing taxes jointly doesn’t change this requirement.

Novice

4 Answers

Robert MacLean

MacLean Realty Group

(14)

Yes you can. During escrow there is a form for your spouse to fill out stating they are aware that you are buying the property separately. Check with your CPA as to what the best tax advantages are filing jointly v separately.