Legal Question in Real Estate Law in California

Why do you need to make a name change on the documents. Title remains valid and the name used at the time of the purchase was your real name. Making a name chamge only costs you money and will probably not make anything easier.

I was a V.P. of Fidelity National Title for over six years and I can tell you Mr. Shers is right. There is absolutely no reason to make this change. If and when you go to sell the house, the title company will take care of the name issue and prepare the proper document. Until then, there is no reason to do anything.

I agree. Most women who marry and change their names don't bother, and unless you got good advice on filling out the quitclaim you might make an inadvertent mistake in the property description or something that would cloud your title. The Civil Code contains a provision that anticipates what you'll do when you eventually sell - CC section 1096 - and there is a somewhat related provision in the Code of Civil Procedure - CCP section 1279.6 - forbidding discrimination agains a person in many situations because she or he chooses to use a former name, or for that matter, a later-adopted name so long as the person is not choosing a name for purposes of committing fraud.

I agree. I further add that you would not want your sole and separate property considered to be community property with any goofy quit claim deeds in the event of a future divorce or a fight with your husband's family after death. You would not have any documentary transfer tax, which is calculated based on sale price, and obviously you are not selling it to yourself.

California recognizes the name you were given, the name you use, and any legal name changes you have. There is no necessity for a quit claim deed.