Legal Question in Real Estate Law in California
Reversal or Amendment of a Quitclaim Deed
I had to sign a quitclaim deed, due to credit issues, for my husband and I to purchase a house. Now that the sale is final, we would like both our names to be on the title. How can I accomplish this?
3 Answers from Attorneys
Re: Reversal or Amendment of a Quitclaim Deed
You need to prepare a deed conveying ownership of the house.
Re: Reversal or Amendment of a Quitclaim Deed
You will need him to deed back to you your respective interest, most likely as a joint tenant However, if you have any judgment liens or credit problems, it could attach to the house. It may be better just to have an unrecorded deed along with an agreement.
Re: Reversal or Amendment of a Quitclaim Deed
There is a useful form for this purpose available at legal stationers' and perhaps from title companies, called 'Interspousal Grant Deed' which tends to assure that you get the best break on taxes and fees. You will probably want to have the deed read 'from Husband to Husband and Wife, as community property' if the source of the down payment and other payments to date were community property and/or community earnings. It is less usual for spouses to own property as tenants in common or as joint tenants, but unless unequal ownership or separate testamentary rights are desired, holding the family home as community property is almost always preferable.