Legal Question in Real Estate Law in California

Re: Removing yourself from Title

She needs to talk to a family law attorney. As the other attorney's stated removing her name from the deed doesnot remove her name from the loans secured by the house. As to the community property interest in the house after signing a quit claim deed, a recent appellate court case found that such a deed was an adequate statement of intent to change the nature of the property ownership to satisfy the family code transmutation requirements. Taking any action without legal advice may result in the situation becoming worse that it is rather than improving her situation.

Re: Removing yourself from Title

Teking herself off title is easy. However, if she is already on the loan, she cannot just remove herself from that without the permission of the lender.

Re: Removing yourself from Title

My first reaction to this question is that it is a bad idea! Nonetheless, she can deed her interest in the property to someone else, but, as Mr. Koenen stated, if there is a loan, she remains liable.

Finally, the slate will never be wiped clean as long as they are married. If she simply deeds her interest to her husband, there are still community property interests in the home that she may asserted later. Transmuting community property to a husband's separate property takes specific language in a written document.