Legal Question in Real Estate Law in California

Re: adding a name onto the morage title

There was probably a reason at the time the home was purchased and financed for omitting your husband, probably bad credit.

Even if that reason has gone away, your lender might be displeased with any change in the way title is held, so you should check your loan agreement (the note and deed of trust) for language that restricts your right to transfer an interest, such as a "due on sale" clause.

Next issue is why you want your co-ownership to be a joint tenancy. Has someone counseled you that this is better in your circumstances than holding title as community property? Community property is the customary way married couples co-own real estate in California.

Civil Code sections 678 and following cover interests in property and modification of ownership. In particular, see section 683, entitled "Joint tenancy; definition; method of creation" A sole owner may create a joint tenancy by transferring (deeding) from herself to herself AND the other person, specifying that the grantees shall hold as joint tenants with right of survivorship. Your signature as grantor should be notarized, and then the deed should be recorded. An ordinary statioery-store quitclaim deed should suffice.

Changing your ownership from sole to community property would be done in about the same way. Note that community property can now (since 2000) be set up with a right of survivorship. See Civil Code section 682.1.

Please note that I am NOT recommending that you do either change without a lawyer's assistance. Although you probably could accomplish it, your reasons for doing it are perhaps not well-founded, and a mistake in the paperwork could create a mess.

Finally, although you can probably accomplish this ownership change without Prop. 13 tax problems or capital gains issues, all of these potential problems (including those mentioned above) should be looked into for you by an attorney.