Legal Question in Real Estate Law in California

Re: Grant Deed

Without seeing the form, we can't answer the question. Usually, a Grant Deed is adequate. Also, should use Joint Tenancy, that way if one of you predeceases the other, then, the property would be owned by the surviving spouse without the need for probate. Good luck and thanks for inquiring.

Re: Grant Deed

Although completing a deed is a rather simple matter, it is very easy to make decisions that can be irreversible and problematic. Before I can give you advice, I would need to see the form you are using and know why you are doing this. Feel free to contact our offices for further information.

Re: Grant Deed

I can't say much about which form to use without seeing it, but the title of the form indicates it may work.

If you have a living trust, take title as trustees of the living trust. If you don't have one, you should consider getting one. See an estate planning attorney. He will also take care of the title change for the property at the same time.

Joint tenancy implies a right of survivorship. Tenants in common do not have a right of survivorship. If you don't have a living trust, you should also consider taking title with your husband as community property:

"John Smith and Mary Smith, husband and wife, as community property."

Re: Grant Deed

That is probably the correct form. You should consider your overall estate plan as well as just the title of ownership in the house.

There are tax remifications to how you hold title, as well as other legal ramifications. Since a house is usually your largest asset, you may want to have a brief consultation with an attorney before making the changes.