Legal Question in Real Estate Law in California

Which Grant Deed form do I use to change my name (recently married)?


Asked on 9/17/09, 12:35 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Actually, most people who change their names at marriage or for any other reason don't even bother to re-title their real estate holdings. There is a provision in the Civil Code, section 1096, that contemplates the situation where someone acquires property as Miss X and later sells it as Mrs. Y. It says, in effect, that Mrs. Y upon selling the property acquired long ago as Miss X must, in the deed, set forth the name (Miss X) under which she acquired the property, in addition to her current name.

Another way to think about it: corporate name changes occur rather frequently, through merger or just trying to look more modern. I'm pretty sure they don't file deeds conveying their real property under the old name to themselves under the new name.

Unless you have a particular need to re-title your real property, I'd recommend leaving things alone until you sell, then following the requirements of Civil Code 1096. You can indeed deed your property to yourself to bring about a name change on the official records, but in doing so you may raise more issues than you solve.

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Answered on 9/17/09, 2:05 pm


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