Legal Question in Real Estate Law in California

My wife and I have owned the house we live in in California since 2005. Last year we both legally changed our names. This means that our names our different than the names on the grant deed for our house. We looked in to changing the names on the document, but it turns out that costs hundreds of dollars in fees and taxes to do so.

Is it even necessary for us to update the names on our grant deed? If we don't actually need to, we'd rather not spend that much money on it. Or is there a less expensive solution?

Thanks,

David


Asked on 12/01/09, 12:40 am

2 Answers from Attorneys

Melvin C. Belli The Belli Law Firm

No don't need to change names on the deeds.

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Answered on 12/06/09, 12:14 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Well, in the first place, you can't alter your deed. A deed is a legal instrument, and any alteration to a deed would be forgery. What you mean to inquire about is changing your names on the legal title. The title to real property is not a particular document so much as it is an intangible concept of legal ownership, determined, primarily, by reference to previously-recorded deeds.

If you were to change your names on title, this could be done by executing a new deed from yourselves under your prior names to yourselves under your current names, notarizing and recording the same. This could raise transfer tax and property tax reappraisal issues, but if you bought in 2005 that might not be a bad result.

What most people who change their names do is nothing. There is no legal requirement to do so, especially if you are receiving your tax bills without mix-up or delay. Note that when you sell, your deed to your buyer(s) will have to contain language such as "John Doe, who took title as Richard Roe, hereby grants to XYZ........." etc. This is covered in the Civil Code at section 1096, which you may want to look up for future reference.

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Answered on 12/06/09, 12:23 pm


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