Legal Question in Real Estate Law in California

Re: Property Name Change Due to Marriage

Your question is very simple on its face and yet the last line involves very sophisticated understanding of the California community property laws in the rights of the spouses to an interest in the separate property of one of the spouses when you use community property funds to maintain or improve that property. As to the title you not need to change the title and I would not recommended it. You don't have to do anything with the loan other than continue to pay in a timely manner. At one point in time if you ever sell the property or refinancing you will have to do something to clarify your self and the title with that will be taking care of through the title company. Now as to your husband. The best advice I can give you it's immediately see the advice of attorney in the family law area or real estate/family law area who knows what they are doing in terms of real property previously owned and still owned after marriage by one of the parties. Do not be naive. Better yet do not be stupid. I've been in practice for 30 years and have seen numbers of situations where individuals unwittingly, unknowingly into their detriment have had issues come about regarding the ownership of real property because of a dissolution of marriage (divorce) or death. Love and affection is definitely one thing but on the other hand financial security and ownership of real property in stressful situations is also a consideration. If you wish to speak with me I am in the San Francisco Bay Area 925 -- 945 -- 6000.

Re: Property Name Change Due to Marriage

You really do not need to make any change at this time, however, a quit claim deed would be proper to change the deed from a "single woman" to "a married woman as her sole and seperate property. If you wish to transfer title into both yours and your husbands names, there are several ways in which you can take ownership. I would contact an attorney directly to discuss. Also, be aware that if you use community moneys to pay payments, upkeep, improvements, and you retain the property in your own name as seperate property, there may be some entitlement to your husband as time passes.

Re: Property Name Change Due to Marriage

You do not need to make any change at all. If you sell or refinance the property just sign the deed with your maiden name. If you insist on changing the name on title, use a Quitclaim deed and make sure the title is in your married name, "a married woman, as her sole and separate property", unless you intend to make a gift to your husband. Any real estate in Los Angeles is worth a lot of money, and you would do well to get legal advice before proceeding.