Legal Question in Real Estate Law in California

How you do it is by executing and delivering a deed, specifying the grantee and the interest granted, along with an adequate legal description of the property; the deed should be recorded, although this is not essential. The bigger question should be whether this is wise or even legal. Most deeds of trust treat such transfers as acts of default. Also, Family Code section 1102 severely limits the power of a spouse, acting alone, to transfer any ownership interest in community real property, which is what you'd be doing by adding another person to title. You didn't say how title is now held. If it's community property, or may have become community property during your marriage, don't do it without consulting an attorney specializing in family law.

In addition to Mr. Whipple's admonition about family law issues, there are also issues regarding property, gift and capital gains taxes. If the grantee is not a spouse or child, the property taxes will be reassessed on the half you give the other person. You may owe gift tax on the value of the 1/2 you give away, and the whole capital gains situation with gifts of property interests will spin your head. Giving away any interest in real property other than by will or trust is really easy to screw up without competent legal advice specific to your situation.

Keep in mind that if this is community property, you only own 1/2. If you plan to transfer title and/or get a title insurance policy, your wife will need to sign the deed. So , if this is a transfer to your girlfriend:

1. Your wife will find out ( you will be mailed a copy of the deed through the antifraud unit)

2. You may get the property reassessed

3. A deed transferring without your wife's consent may be partially or fully ineffective

4. This may very well screw up title to your property substantially.

Please seek an estate planning attorney before you attempt to do this (girlfriend or not).