Q: If a person owns separate property, what, if anything, is needed for title insuring purposes from the spouse when the property is being sold or when insuring a lien securing a loan?
A: Keep in mind that only one spouse’s name on the deed does not automatically create separate property. In states with community property laws, property acquired while married is presumed to be community property and the spouse whose name does not appear on the deed is needed to ratify and affirm the separate property characteristics of the property. Ratification and affirmation is also required when a person is claiming the property to be that spouse’s sole and separate due to a pre-nuptial agreement. The required ratification/affirmation could be accomplished in the following possible ways: