Legal Question in Real Estate Law in California

What documentation do I need to change my name on the deed of trust to our house to my married name and to add my husband on it? Thanks.


Asked on 10/01/10, 12:53 pm

4 Answers from Attorneys

John Morkos Law Offices of John H. Morkos

A simple Grant Deed recorded with the county the property is located in should do the trick.

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Answered on 10/06/10, 12:58 pm
Gary R. White Burton & White

The prior answer assume that your question related to changing title to your property. If you are actually asking about changing a deed of trust which secures the loan on your property, it is much more complicated and I would be curious to know why you intend to do so. Changing how title is held on property owned prior to marriage has serious consequences and you should consult with an attorney before you make such a change.

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Answered on 10/06/10, 1:29 pm

There is no reason to change your name on any of the title records to your house unless and until you sell it. At that time the title company will assist you with the forms to do so.

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Answered on 10/06/10, 5:25 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

You cannot alter a deed of trust or the promissory note it secures without the full cooperation of the secured lender in modifying the loan terms and obtaining all parties' notarized signatures on the modifying or supplementing documents. The lender may or may not be willing to cooperate and may charge a substantial fee. It's hard to imagine why these kinds of changes would be useful or desirable for you. Loan modifications are sometimes negotiated to accommodate the terms of a divorce decree, in connection with subdivision of parcels, etc.,

You also cannot alter a deed once it is signed, notarized and delivered, much less after it is recorded.

You are, however, probably asking (among other things) about modifying "record title," the way ownership is shown on the county recorder's records. This CAN be modified rather simply after a name change, e.g., upon marriage, but even so it is unnecessary and not usually done.

There is a related provision in the Cicil Code - Section 1096 - that takes name changes by record property owners into account. It says, in essence, that if you sell property you acquired under a previous name, you must mention the previous name in your deed.....something like this: "I, Martha Married, who acquired title as Martha Single, hereby grant Whiteacre to John and Mary Doe, husband and wife, as community property."

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Answered on 10/08/10, 11:24 am


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