Legal Question in Real Estate Law in California
How do I correct the omission of a person's name on a grant deed without paying transfer taxes a second time? Myself and a few friends purchased a property as tenants in common. One person's name was left off the grant deed now recorded with the county. Those of us on the deed signed a correction deed with ALL names properly listed as the grantee. The escrow company prepared and notarized this correction deed, but at the same time, cautioned that the county may not accept a correction deed that adds a name. I guess there is no harm in trying, but is there a better approach? To demonstrate "original intent," I have the purchase contract with all buyer and seller signatures.
1 Answer from Attorneys
You may have a problem there. At most you would only have to pay the tax on the fractional share transferred to the omitted owner, but I'm sure you still want to avoid that. All you really can do is submit the preliminary change of ownership form with the "to correct name" box checked and attach an explanation. Also be sure to note on the deed that it is for zero $ consideration.
The other thing that comes to mind, though, is why did the error occur in the first place? If it was an escrow company error in preparing the original deed, they should fight this fight for you and pay any tax.
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