Legal Question in Real Estate Law in California

the deed to my property (my house) is in my name and i would like to know how to add my spouse to the deed.


Asked on 2/05/10, 4:57 pm

2 Answers from Attorneys

Jonas Grant Law Office of Jonas M. Grant, A.P.C.

You may do so by quitclaiming to yourself and your spouse, but you'll need to decide how you want to hold title first (joint tenants with right of survivorship being the most common but not necessarily the preferred option). You'll need to complete a PCOR report to avoid reassassement - there may also be other issues involved - it's relatively simple to carry this out, but there are a lot of issues surrounding what you are doing that aren't detailed in your questions (e.g., why is this happening now? why didn't it happen earlier? do you have a pre or post nupital marital property agreement etc). You may wish to pay an attorney $250-300 to consult with him or her and have him or her draw up and file the document properly.

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Answered on 2/10/10, 8:03 pm

Actually you should not use a quitclaim deed, you should use an Interspousal Transfer Deed. Mr. Grant is right, however, that you will need to fill out other paperwork as well as the deed, and you will need to determine whether you want to hold title as "husband and wife as community property" or as "joint tenants" or as "tenants in common." He is also right that there are significant community and separate property issues at play in this. So you really need to know what you intend to accomplish with this and why, and then be advised how to do it properly. There are a whole lot of unintended consequences that transferring property from one spouse to both spouses can have if it is not done properly to achieve the legal rights and obligations that you intend to have result from the transfer.

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Answered on 2/10/10, 10:14 pm


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