Legal Question in Real Estate Law in California

Re: Add my husband's and change my last name on Real Property

You need to record a deed transferring the property from you using your former last name to you and your husband. The question becomes, how do you want title to vest. Title can be vested into your names as: (1) joint tenants; (2) community property; (3) community property with rights of survivorship; or (4) tenants in common (among possibly others). It really depends upon what you want to happen if one of you dies after the transfer. Each of the above ways title can be vested has it's own unique pros and cons.

You would be well served to talk to a real estate lawyer in your area to discuss your desires and options. I would also suggest that you have the attorney prepare whatever deed you ultimately use. If the deed is prepared incorrectly, it could lead to substantial problems in the future.

Re: Add my husband's and change my last name on Real Property

The only things I can add to the foregoing are: (1) check with your lender (or read your loan contract) to see whether the proposed transfer of part ownership offends and due-on-sale clause; and (2) when recording the deed, make sure the recorder understands that this is an interspousal transfer and that no transfer tax or reappraisal should be triggered (this may not be obvious where the last names of the grantees both differ from that of the grantor).

Re: Add my husband's and change my last name on Real Property

You might also consider exploring the creation of a trust and transfering the property into the trust.