Legal Question in Real Estate Law in California

Re: How do you add a person to the grant deed of a home

Either by a quick claim deed or grant deed. Make sure that you indicate on county assessor form - no tax - family transfer. Please contact our office for assistance or if you have any questions.

Re: How do you add a person to the grant deed of a home

The first thing to do is to check with the lender to verify that the proposed change in ownership from 100% wife to 50-50 wife & husband does not create a default under the terms of the loan, such as a due-of-sale clause.

Then the couple needs to decide how they want to hold title. There are at least four possibilities, the most common of which is community property, but there is also community property with right of survival, joint tenancy, and tenancy in common. Each has potentially different long-term consequences at dissolution or death.

With these preliminary steps out of the way, the actual transfer can be by quitclaim or grant deed and the interest conveyed can be either a half interest from wife to husband, or, perhaps better, a 100% interest from wife to the marital community. The wife will sign before a notary, then the deed is recorded at the county recorder's office.

The transaction should have no property or income tax effects if you check the right box at time of recording.