Legal Question in Real Estate Law in California

Acquire property without sale transaction involve

My daughter hold a mortgage loan under her name only for her house. But the title of the house has her name, my name and my husband name on it. Now she plan to get married and like us take over the house. Can she just do a quit claim deed the house to us ? Or we have to refinance in order to have the new title on the house (just the two of us?). Is there a property tax increase because of this

transfer? Thanks.


Asked on 3/22/05, 2:10 pm

1 Answer from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Acquire property without sale transaction involve

1. She can do a quit claim deed, but it will not remover her from the obligation of the loan. It will only remove her from the title of the property. The only way to get her off the loan is through a refinance.

There should be no change in property taxes, because it is a parent-child transfer. You will be required to file certain documents with the county in order to maintain the tax rate.

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Answered on 3/22/05, 2:52 pm


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