Legal Question in Real Estate Law in California

How do I put my name on property after divorce? ex-husband and I want to have my name on property since I have a small loan against property. In divorce papers it states it is his property although we both decided to put my name on this property


Asked on 3/27/12, 12:42 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

As a general matter, property is transferred by the owner/grantor executing a deed, including signing before a notary public, and delivering the deed to the grantee, who then takes the deed to the county recorder for recording. Deeds need to be prepared rather carefully, including an accurate legal description of the property and of the interest therein being conveyed, and obtaining the assitance of an attorney, title company, or perhaps a friendly real-estate broker is highly recommended. Further, any transfer of real estate is likely to have some effect on tax liability -- property tax, gift tax and/or capital gains tax -- and avoidance (or foreknowledge) of the tax consequences warrants seeing an attorney.

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Answered on 3/27/12, 1:05 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Whipple, and add that it sounds incredibly fishy that your exhusband wants to put the property in your name after you agreed otherwise. It sounds like he is hiding something from a third party, which is just going to cause you problems down the road.

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Answered on 3/27/12, 5:34 pm


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