Legal Question in Real Estate Law in California

Re: changing title on a home

You really need to consult with an attorney. Otherwise the desired result may not occur. There are so may issuse regarding deeds and separate and community property, that the only way to be sure is to hire an attorney that is experienced in community property law and real estate tax law.

Re: changing title on a home

Your friend needs legal assistance.

Theoretically at least, he could put his new wife on title simply by executing and recording a gift deed; however, the mortgage company, by insisting on a refi, may be reminding them that such a conveyance would violate a provision of the "mortgage" (probably a note secured by deed of trust). Further, the result of such a gift deed might not be what the husband intended; he apparently wants to create community property but might inadvertently create something else, such as a tenancy in common.

If the marital community owns 100% of the house, upon the death of either spouse the surviving spouse automatically gets half; and the other half passes (if there is a will) according to the deceased spouse's will, and if there is no will, according to the rules of intestate succession to the surviving spouse.

If the marital community does not own the house, however, the only way to prevent the son from getting a part interest is to have a properly-drawn will (or trust arrangement) in place.