adding spouse to title

Reply

  #1  
Old 05-23-07, 01:26 PM
Member
Thread Starter
Join Date: May 2007
Posts: 25
Smile adding spouse to title

I've owned my home for 2 years in California. I recently married and would like to add my spouse to the title.
I'm a little confused on which deed to file (grant deed/quit claim deed/ect.).
Also, Is this a simple form I can complete and have notorized or should it be done by a paralegal?
Maybe there is an online site with examples of completed forms to look at...

thank you
 
Sponsored Links
  #2  
Old 05-23-07, 01:42 PM
Member
Join Date: Sep 2005
Location: Where the cows roam, CA
Posts: 2,204
From what I understand (no pro here), you'd have to do a Grant Deed. It would be from you (i.e) "Bob Smith, a single man" to "Bob Smith and Joan Smith, Husband and Wife as joint tenants" or however you'd like legal title to be. You should be able to do it yourself by obtaining the form, have it filled out correctly, signed and notarized. Take it to your county recorders office and have it recorded.

I believe a quit claim deed is only for when you are taking someone off title or correcting a vesting.

Here's a Grant Deed.

http://recorder.countyofventura.org/pdf/grntdeed.pdf
 
  #3  
Old 05-26-07, 09:05 PM
Member
Join Date: Mar 2007
Posts: 75
Smile wife on title

First of all, why would you want to do that? (just kidding).

Sounds like your grant deed is like a warranty deed in Michigan. California is what is known in legal parlance as a "Community Property State"; meaning roughly - "what's mine is yours and what's yours is yours". Seriously, as soon as you tie the knot half of what each of you own becomes half for the other with some exceptions of course. This assumes of you didn't sign a "pre-nuptial agreement" which divides the property up before the marraige. They are not legal in all states, but I suspect they are in California.

A Quit Claim deed is nothing more than a conveyance that essentially says "you get what I own". It guarantees nothing unlike a grant or warranty deed which says you will defend title to the property from a third party claim if necessary. So if you own nothing, that is exactly what the grantee gets.

We use title insurance for that in Michigan. California may also. My guess is it does. The other way to protect yourself from such challenges is to have an "Abstract of Title" prepared usually by an attorney versed in such things.

Go see a California lawyer and get it done right. It should cost 100 bucks or less.

Good luck!
 
  #4  
Old 08-31-07, 02:56 PM
Member
Join Date: Feb 2005
Location: USA
Posts: 69
Question???

Since CA is a "community property" state and the the house was bought pre-marriage, is it considered separate property?

If so, after executing a grant deed would it then become "community property" or does something like a "community property" declaration still have to be signed?

Thanks
 
Reply

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Thread Tools
Search this Thread
Display Modes
'