Legal Question in Real Estate Law in California

Need for a Separate Deed

A woman deeds two pieces of property (with two separate parcel numbers) via a single grant deed to her husband. He has a Deed of Trust and promissory note on one of the parcels. Nothing is owed on the second parcel. Is any other type of documentation needed to show that the husband is the sole owner and has full ownership of the second parcel -- especially if he wants to now sell it?


Asked on 5/10/01, 7:00 pm

1 Answer from Attorneys

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

Re: Need for a Separate Deed

Well, the transactions and events you describe, standing alone, do not seem to require, in and of themselves, any additional documentation. However, absolute certainty about quality of title is not created so simply. A careful buyer may still demand a thorough title search, title insurance, etc. There could be title clouds, liens, easements, delinquent taxes, improperly recorded deeds, and any number of other hidden or obscure problems. The best approach in my opinion is to consult with a title company in the community where the property is located, and ask them to prepare a preliminary title report for a fee. They should be well-equipped to give you a readout on marketability of title in the second parcel.

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Answered on 6/21/01, 2:15 pm


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