Legal Question in Real Estate Law in California

My dad and his sister (my aunt) owned a piece of property together. When my dad passed away, 50% of the property went to my sister and I. Because I can no longer keep up with the insurance payments and the taxes on the property, I would like to give my share to my sister. There is no mortgage on the property and I am not expecting my sister to give me any money for my share. Can I just file a quitclaim deed and list her as the grantee? Do I need a lawyer to do it or can I do it myself?


Asked on 12/30/13, 5:34 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Drafting a quitclaim deed is relatively easy; many, but not all, people without legal or real estate training can do it. If you try, I'd suggest getting several examples to work from, and by all means focus on getting the property description correct.... not only the legal description of the property itself, but your interest therein. Sounds like you have a 1/4 interest now, probably as a tenant in common.

Having said this, I hasten to add that there is another reason to consult with a lawyer first, and that is related to the minimization of adverse tax consequences. An accountant or tax expert could perhaps give you the same advice - but there can be better ways to transfer property within a family that by immediate outright gift.

Finally, consulting with a legal or tax expert might suggest alternative ways to hang on to the property, despite some current cash costs, that would be better for you than surrendering ownership right now.

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Answered on 12/30/13, 6:14 pm


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