Legal Question in Real Estate Law in California

Your biggest worry should be that the county (the recorder's clerk) would NOT tell you that it was filed out incorrectly!

OK, first of all, what you are trying to do - conform the record to your newly-reacquired name - is probably unnecessary. Lots of women who acquired property in their maiden name do not re-title it when they marry, and vice-versally, many who divorce don't bother to make the change "of record" that you have in mind. The Civil Code has a provision that sort of addresses your situation. Section 1096 is titled "Conveyance after change of name; procedure" It reads as follows:

"Any person in whom title to real estate is vested, who shall afterwards, from any cause, have his or her name changed, must, in any conveyance of said real estate so held, set forth the name in which he or she derived title to said real estate. Any conveyance, though recorded as provided by law, which does not comply with the foregoing provision shall not impart constructive notice of the contents thereof to subsequent purchasers and encumbrancers, but such conveyance is valid as between the parties thereto and those who have notice thereof."

The usual language is something like this: I, Mary Married, who acquired title as Mary Single, hereby grant to John and Jane Doe all that real property situated in ..... and described as (Blackacre)......"

In your case, if you really want to change the official record now, you would fill in wording something like this: "I, Mary Single, who acquired title as Mary Married, hereby grant to Mary Single all that real property situated in ........ and described as (Blackacre)......"

The biggest potential paperwork problem is in describing Blackacre (the law-school generic term for a generic piece of real estate). Instead of "Blackacre," you need to plug in the accurate legal description of your home. Your best bet is to copy it with painstaking accuracy from your original deed. Sometimes, the space for the description of the property isn't big enough, and the legal description is on an exhibit attached to the deed and referenced therein. See Civil Code section 1092 for the basic, statutory form of a grant deed. (Variations and embellishments are permissible and rather common.)

If your interest is less that a fee simple, the interest owned should also be stated. You might also want to refer to yourself as "Mary Single, a single woman" instead of just "Mary Single."

In case of any doubt, see a lawyer, or at least ask your title insurer. Also, if you have a loan, notify the lender (it shouldn't care). Finally, if the property is in your living trust, special wording provisions would be needed to identify the trust as the owner and you as the trustee.

I agree with Bryant. Follow his instructions and then go see your local title company. They should also have a notary present and can do the recording for you.

Good luck.