Legal Question in Real Estate Law in California

Re: Change Title on House

You're proposing to make a large gift. Since I don't practice tax law, I'm not sure whether it would be exempt from gift and other taxation because of being interspousal, but you should find out from someone who knows.

Mechanically, you would fill out and sign before a notary an interspousal grant deed (or a quitclaim would work as well), indicating the transfer was a gift, and showing a transfer from W to H and W as ___ , and then you have at least four choices for filling in the blank as to how H and W will co-own the house. The choices are as community property; as community property with right of survivorship; as joint tenants; or as tenants in common.

Many married couples elect community property with right of survivorship, but if you are an older couple with children from a previous marriage and want them to inherit a part of the house, maybe community property or tenanct in common is a better idea.

Deeds must be carefully prepared to be sure the legal property description is accurate and the conveyance is properly described as to the interest conveyed, to whom it is conveyed, and how the interest or interests will be held. Deeds are effective between the parties when filled out, signed and delivered, but effective against the whole world upon recording, which requires notarization.

I strongly advise all couples, new or long-married, to do long-term financial and estate planning with a qualified advisor. The two of you should probably do this before buying deed forms and trying to figure out what goes in the blanks.

Finally, if the house is subject to a note and deed of trust (mortgage), you need to read its terms regarding any "due on sale" provisions. Often these restrict the right of the borrower to transfer any interest in the collateral (the house), but if there is such a clause you can probably arrange for a waiver, perhaps upon paying a fee.

Re: Change Title on House

Why would you want to do that?

Best,

Daniel Bakondi, Esq.

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