Legal Question in Real Estate Law in California

A house I bought when I was single, is deeded as "First Name, former Last Name, an unmarried woman." Now I am married and have changed my last name. How do I change the deed?


Asked on 3/30/10, 6:07 pm

2 Answers from Attorneys

Generally there is no reason to bother with changing the name on title unless you are trying to use it as collateral for a loan and the lender doesn't believe you are the owner. If you really need to correct it, you would record a deed to yourself "from First Name, former Last Name, to First Name, current Last Name, a married woman as her sole and separate property."

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Answered on 4/04/10, 6:14 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

First, a minor technical point. Deeds themselves can't be changed. They are one-use documents something like big-game tickets. What you want to do is change TITLE, and that can be done by means of a newly-created deed from yourself to yourself. A suggested form of grant deed wording is shown in the California Civil Code section 1092 - it's pretty skeletal - and you may want to buy one from a legal stationery shop or ask a friendly escrow and title company for one of theirs, or find one on line. There are some perfectly adequate ones you can print out free, or modify and print.

By the way, Civil Code section 1096 covers how someone conveys real property to another person after a name change. Using this provision in the future is an alternative to updating the public records at this time by deeding to yourself.

In any case, use caution in preparing any deed in order to be sure the property description is exactly the same as in the deed by which you acquired it.

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Answered on 4/04/10, 7:24 pm


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