Legal Question in Real Estate Law in California

Re: Grant Deed?

There maybe a significant disadvantage to putting her name on the house. This would convert the house to community property. Thereby giving her a 50% interest in any increase in the value of the house. You should discuss this with an attorney and then reflect on it for a lengthy period of time.

Re: Grant Deed?

I'd start by checking with the lender (or current holder of the note) to get approval. That should be easy, but if she has poor credit the lender may not be willing to allow you to part with your 100% interest. The lender's legal right to object would be based upon a due-on-sale clause in the loan documents; most deeds of trust have some kind of due-on-sale provision but not all will necessarily prevent your adding a spouse, and in any event the lender can waive such a provision if so inclined.

As to deed forms, you can use either a grant deed or a quitclaim deed. The main difference is that the former carries with it certain warranties of title, whereas the latter merely conveys whatever interest you have, if any, in the real property purportedly conveyed.

If you fill out a deed form without professional help, you run some risk of making a drafting error that will cause future problems. Be careful to get the legal description of the property exact. Be sure to phrase the granting clause properly, according to the type of co-ownership you intend. If you want the house to become community property, it will be "X to X and Y, husband and wife, as community property" or "X to X and Y, husband and wife, as community property with right of survival." You could also consider "X to X and Y, husband and wife, as joint tenants." If you want to become tenants in common, "X to X and Y, husband and wife, as equal tenants in common" works, or you can just convey a 1/2 interest from X to Y.

You can look at examples of deeds at the recorder's office to see the usual verbiage, or enlist the aid of a title company. Or, of course, you can retain a lawyer.