Legal Question in Real Estate Law in California

Re: adding names to an existing deed

Interests in real estate are created by deed, or occasionally by other means such as inheritance. The two major types of deed in common use are the quitclaim deed and the grant deed. The main difference is that the grant deed carries with it warranties that the grantor has good and clear title to the interest conveyed by the deed, while the quitclaim carries no warranty whatsoever.

A deed is effective when filled out, signed and delivered. Generally, deeds are also notarized upon signing, then recorded, so that a public record of ownership is maintained. Someone claiming under an unrecorded deed may find his rights impaired or lost.

A deed must contain an adequate description of the property conveyed, including its legal description and the interest therein to be transferred, e.g., the entire fee, a half interest, a 10% interest in a one-third interest, a life estate, and so on.

Writing, delivering and recording deeds is somewhat detail-oriented and mistakes can be made by inexperienced persons, so legal or title company assistance is recommended.

I cannot close without also adding that you need to give very careful consideration to WHY you are doing this. Every change of ownership or part ownership has tax consequences - property, gift and/or capital gains - and if you are doing this without excellent coaching on all aspects, don't do it. Two very bad reasons to add people to title are to put property out of the reach of creditors or to allow them to inherit without going through probate. Don't give away you property with either of these objectives in mind without good legal advice beforehand.

Re: adding names to an existing deed

Mr. Whipple is very correct that you must put a lot of thought into whether you want to give up part of your property and in what fashion. There are some posted questions on this cite as to what can be done for the elderly widow who transferred her family home to her children, who now want, over her strong objection, to put her into a nursing home. Guess who is in the much better legal position; and these are the nice kids.