Legal Question in Real Estate Law in California

1. If a deed to a married couple says "husband and wife" and nothing more, there is a strong legal presumption that title is held as community property without right of survivorship.

2. Do you need to remove his name? Why would you need to remove his name? In the first place, you probably can't, anyway. I wonder why the thought of removing your husband's name would even occur to you, much less that you would "need" to. Possibly you meant to say your EX-husband? If there has been a divorce, the two of you need to carry out the property settlement agreed to by the two of you, or imposed upon the two of you by the court. If your husband is deceased, you need to go through probate and follow the will, trust or probate court rulings. But you don't mention any death or divorce.

3. Lawyers in general disapprove of making a gift of real estate to children while the parent(s) are alive. For various reasons, many related to federal income taxes on capital gains, it is almost always better for the children to inherit by trust (better) or by will (not quite so good). You can probably find a lawyer that will prepare and fund a simple standardized trust for under a thousand bucks, flat fee. (I don't do them and I'm unsure about the going price).

Bottom line, I think LawGuru could do a better job for you if you'd tell us a little more about the circumstances causing you to ask about removing your husband's name from title.