“Not going to happen. Whomever claims a marital interest in the property would do that.”
I disagree. The poster is in CA, a community property state. My guess from your response is that you are not familiar with community property law. Your use of the term “marital interest” is a term found in non-community property states to describe the interest one spouse may have in the property of another spouse when dividing up their property in a divorce. A marital interest is contingent and only becomes fixed at the time that a divorce action is filed. Until then, if one spouse owns property solely in her name, she can sell all of the property without any requirement for consent from her husband. For that reason, in the equitable distribution states I am familiar with, buyers do not need to ask about the marital status of the seller and do not seek any written consent from the seller’s spouse.
Spouses do not get a marital interest in property in a community property state. There is no need for it—the spouses are protected by their community property interests. If Jane has a community property interest in property that is titled solely to her husband, Phil, that interest is a present vested interest in the property. Thus, all Phil can convey is his interest in the property. So, if his wife has a community property interest in it of 50%, all he owns is the other 50%. So, even if he purports to transfer to Gary the entire property, without Jane also participating in the sale all Gary will transfer is his 50% interest in it. If Phil gave Gary assurances that he was single and then Jane later claims her 50% interest in the property, Gary will be quite upset because he paid full value for the property but ended up only holding a 50% interest in it, while Jane still owns the other 50%. So, Gary will certainly want to sue Phil over this because Phil defrauded him. He is not about to just thow up his hands and say “well, that’s the way it goes.”