Legal Question in Real Estate Law in California

My wife and I have a house in our family trust. We want to take it out of the trust and remove my name from any ownership or responsibility for the house. I know I have to stay on the loan. I live in California. Can I just do this with quit claim deads?


Asked on 1/24/11, 6:24 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

You should discuss this with the attorney who prepared your family trust, for one, as it can have a substantial impact on your estate plan. From a purely technical standpoint, the Trust can simply transfer the property by use of a quitclaim deed to your wife directly. I would suggest, however, that when the trust records that transfer, you also sign a interspousal deed which gives up any and all right you may have to the property as community property.

As far as the question of whether or not this will actually eliminate any possible claim of ownership you may have, or liability for the property - you'll need a much more involved consultation with a real estate attorney in your area. There are a lot of factors you need to review with counsel, and this forum is simply not the place to get a comprehensive opinion as to the legal ramifications of taking the property out of trust and transferring it to just one spouse. Please consult with a local real estate attorney.

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Answered on 1/27/11, 2:05 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I might add that if removing your ownership is being done to try to place the property outside the grasp, or notice, of your creditors, present or potential future, don't do it. Transferring property to a spouse or other relative to "hinder, defraud or delay" a known or potential creditor, without receiving full value, is a fraudulent transfer. See California's Uniform Fraudulent Transfer Act, Civil Code sections 3439 to 3439.12.

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Answered on 1/28/11, 8:22 am


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