Legal Question in Real Estate Law in California

Re: transferring names

Ownership of real property is reflected in the public record for that particular parcel at the Office of the County Recorder. The Recorder keeps a chronological file by parcel of the instruments affecting title (ownership) and other matters such as mortgages, tax liens, judgment liens, and so on.

By far the most common instrument affecting title are deeds. Your name probably got into the records as the current owner through recording of a deed to you from the previous owner.

A properly filled-out, executed, delivered and recorded deed would be the way to convey ownership to another person. You are the grantor, and your friend is the grantee. You can use a grant deed, which gives the grantee your warranty of good title, or you can use a quitclaim deed, in which you make no warranty that your title is good, but you transfer whatever right, title or interest, if any, you may have in the home.

Deeds are formal instruments, and must contain a complete and accurate legal description of the property. It is not recommended to rely on the street address or parcel number alone. In order to be recorded, a deed must be signed before a notary.

You ask about taking your name off and "adding" a friend's name. Please be clear that the process of deeding property will ordinarily not just "add" your friend's name; it will flat out substitute the friend for you on title. However, it is also possible to grant less than 100% of ownership, but if that is your intention, the deed must say that you are granting "a half interest" (or whatever) to the friend.

I often recommend having a lawyer or title company draw up the deed, as it must be carefully done.

You should also give a lot of thought to why you want to make this gift (I assume you aren't selling the home to your friend). Any transfer of real property to a non-relative will trigger property-tax reassessment, and there will be gift tax and future capital-gains tax issues. Further, if placing the home out of reach of your creditors is a motivation, I urge you to study up on the law of fraudulent transfers.