Legal Question in Real Estate Law in California

Re: Add my wife's name to my deed.

You deed the property from yourself to her and yourself in the manner in which you wish to hold title. You can hold title as community property, tenants in common, or joint tenancy. You do not even need a "strawman" anymore.

Very truly yours,

Anthony Roach, Esq.

Re: Add my wife's name to my deed.

get a real property lawyer to advise you first or as many of my clients they may regret it later, their rights were invaded without knowledge, tax effects upon you and you beneficiearies and children may be bad --- see an attorney to advise you and don't do it yourself

Re: Add my wife's name to my deed.

I assume you want to add your wife to the "title" to your property (not the "deed"). A deed per se cannot be altered (except by judicial order) once it's signed and delivered.

Voluntary changes in title are done by deed. You can use either a quitclaim deed or a grant deed.

I would recommend employing at least a title company, if not a lawyer as well, to carry this out, but in any event here are a few technicalities to observe (not necessarily a complete list):

1. Be sure to get the legal description of the property exactly correct;

2. The deed must be signed before a notary in order to be recorded (which is the final step);

3. The deed should specify that this is an interspousal transfer, so there won't be a transfer tax or possibility of a re-appraisal;

4. The interest conveyed should be specified in the granting clause (e.g. "a one-half interest") or "as community property" or "as community property with right of survivorship." (The latter form of holding property was newly created by the legislature and may be better for couples that don't have "separate" heirs in mind such as children from prior marriages.)

5. You should check to see whether this grant of a half interest violates any term of a loan you're not simultaneously refinancing, such as a due-on-sale clause.

6. I am assuming this is a gift. It's also possible you are selling the half interest or your wife's name is being added pursuant to some other kind of transaction. If so, the terms should be embodied in a written agreement.

7. You might want to consider updating your title insurance to reflect the change.

You can probably find examples of recorded interspousal transfers at your local recorder's office if you want to see how others have done them.