Legal Question in Real Estate Law in California
Quit Claim Deed Name Change and Single Man vs Married Man Title
I purchased my home in 1998 and took title as a single man. I was married in 2000.
I would like to file a quit claim deed to change a typo error on my last name.
Can I file a quitclaim deeding the property to myself as a single man or must I deed it to myself as a married man? Must I list single man or married man at all?
Example: John Doe a single man deeds property to John Dae (aka John Doe) a single man.
In summary, what is the best way to file this quitclaim deed without jeapordizing the protection I have under CA community property law in the unlikely event of divorce?
3 Answers from Attorneys
Re: Quit Claim Deed Name Change and Single Man vs Married Man Title
I have read both responese and agree with Judith Deming
Re: Quit Claim Deed Name Change and Single Man vs Married Man Title
What you want to do is to deed it to yourself as a "married man, as his sole and separate property"; that said, that will not necessarily protect you, and you should get your new wife to quitclaim her interest to you; still, you may not be free of claims of a spouse, unless you keep the asset completely separate, as your earnings and your labor during marriage are a community asset and if you spend those earnings on this property, a court could determine that she has an interest.
Re: Quit Claim Deed Name Change and Single Man vs Married Man Title
First of all, if this is a typo, you should be able to just go to the original title company and have them send a correction to the county.
If you want to do a deed back to yourself, it would be to John Doe, a married man, as his sole and separte property.
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