Legal Question in Real Estate Law in California

Ive gotten married since I bought my home, how do I change my name on my Ca morgage title


Asked on 8/11/09, 9:27 pm

3 Answers from Attorneys

You have no obligation to change the name on the title to your home when you get married.

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Answered on 8/11/09, 9:49 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Before you make that change in title you should consider the potential consequences of that conduct. It is possible that such a transfer would result in the mortgage becoming due and payable at that time. There may also be consequences regarding creating a community property interest in the property. You should consult with an attorney to review the potential consequences.

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Answered on 8/11/09, 9:51 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

You aren't making a proper distinction between "mortgage" and "title." Your mortgage and your title are separate concepts.

You can change your name on record title down at the recorder's office without any major consequences, if you want to, but there is absolutely no need to do so, as Ms. Ortega points out.

I disagree with Mr. Johnson's analysis. Changing your name on recorded title is not a transfer and will not trigger a "due on sale" clause. It will also have no effect upon whether there is a community-property interest. There may be a community property interest, but it would not arise because you updated the record with your new name.

I don't think you need to do anything at the present. Many, if not most, married women do not fiddle with changing their recorded titles. Do remember, however, that if you sell or borrow against the property in the future, any documents recorded at that time will need to include a cross-reference to the fact that you are the same person who acquired title years ago under a maiden name. Title and escrow companies are accustomed to handling transactions where this is necessary, so no big deal.

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Answered on 8/12/09, 12:34 am


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