by archy » Sun Apr 10, 2011 4:46 pm
You dont even need to file for legal seperation. The quit claim will do. This is a pretty standard procedure in community property states. If she will not execute the quitclaim, a seperation will provide a legal basis to claim that funds used to purchase the home are not community funds. But the down payment probably IS derived from community funds, so you may have a battle on your hands if she will not.