There are many reasons other than a simple sale of your home that might require you to learn about changing the title on a California house. Often, people think they do not need to change the title on a house because they have an agreement with the listed owner. However, the listed owner is the only person who has the legal right to occupy, transfer, or sell the property. This means even if you are treating the house as yours, only the listed person has these rights.
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Do It Right! Get Professional Help for All California Title Changes
If you need to change the title on your house in California, be sure you have handled all steps in the process correctly. Otherwise, you might not have the rights you think you do. On the other hand, you might retain ownership responsibilities you no longer should have.
What is Title on a House?
The title to a property defines who owns the building or the land on which it sits. The name or names on the title, which also refers to the “listed owner,” have the legal right to do many things with the property, including:
- occupy the property
- transfer ownership
- sell the property
You probably have heard someone refer to “holding title” on a property. This sounds as if the owner possesses a physical document. Although a physical record may exist, the possession of this document does not guarantee title or ownership. Instead, the chain of title determines ownership of a property. You can review the chain of title by doing a title search. Such a search will show who is listed as the owner of the property now as well as who has owned the property in the past. If there are no mortgages or other debts (liens) attached to the property, then the title is clear.
Deeds Have Different Purposes
A deed conveys ownership in property from one person to another. The deed identifies the name of the grantor (person in possession of the property) and grantee (the person whom the property is being transferred or sold to).
Different types of deeds convey different legal interest. For example, a quitclaim deed transfers property to a grantee with no kind of guarantee that the title is free from any liens or that another person can claim it. On the other hand, a grant deed (a different kind of deed) assures the grantee that no one else has a right to the property.
Changing Title on a California House
To change the title on a deed, you must record a new deed with the county recorder’s office.
First, decide how you would like to hold the title. If you own a home with your spouse, then you might want to hold the title as community property. Title could involve a right of survivorship or revocable trust.
Secondly, you must fill out the right deed documents. Selecting the correct documents involves evaluating how you will hold the deed, then locating the proper paperwork online. For example, title companies typically offer a variety of different types of blank deeds online. Just remember, a do-it-yourself deed that is filled out incorrectly might not change the title on your property the way you intend. When this happens, it could make things complicated when you want to sell the house in the future. We often see people who are dealing with the adverse effects of changing the title on their house or other real property without professional help. Unfortunately, errors in this critical step of changing title could cost someone thousands of dollars to fix.
Third, you must record the documents correctly to change the title. Failure at any point in this process can affect your title and have serious long-term effects.
What Could Go Wrong?
In the middle of writing this article, I received a phone call from a customer.
Facts of the situation:
- Two single women had taken title to a property.
- Their goal was to include a right of survivorship should one of them die.
- Neither women had a will.
- One of them had recently passed away.
The problem started when they didn’t hire a professional to help prepare their deed. After all, the two friends thought it was a simple process, and they found a free form online. What could possibly go wrong with such simple paperwork?
What went wrong:
In their situation, a lot went wrong. As it turned out, when the friends took title to the property, the deed did not indicate the type of ownership between themselves. Remember, when the property was purchased, the friends intended to have the property go to the surviving co-owner should one of them pass away. Unfortunately, the Deed, as it was prepared, did not provide for this.
As a result of this title error, there was no way to transfer the property to the surviving co-owner. That is to say, the surviving co-owner was facing filing probate to transfer the deceased co-owner’s interest. Furthermore, since the two people were not married (and the deceased co-owner did not have a will) the deceased co-owner’s interest would not transfer to the surviving co-owner as was the intent of the two friends when the property was purchased. Instead, under California intestate succession laws, the decedent’s family members were legally entitled to the deceased co-owner’s share of the property. The good news is that the deceased co-owner’s family was aware of the intent of the parties. As a result, they were willing to cooperate in signing over the decedent’s property interest to the surviving co-owner. Unfortunately, to get to that point, the situation required lengthy probate and unnecessary expenses because of the improper title.
Other Paperwork Required to Change Title
When transferring title, homeowners usually must file additional paperwork, such as preliminary change in ownership reports, transfer tax affidavits, and other items. Recording a deed comes with a filing fee, and you may have to pay to transfer taxes or other fees as well. It may be less expensive and reduce the risk to your title to hire a professional document preparation service to help you with this process.
We recommend you contact us before buying a boilerplate document online. At A People’s Choice, we can help you draft the deed and supplemental documents you need to file with the county’s recorder office to change title on a house or other property. Our services include preparing the necessary preliminary change in ownership report and the new cover sheet. Keep in mind that you will have to pay recording fees to transfer deed title. The Recorder’s Office may also require payment of an additional transfer fee, if the transfer is not exempt from t his tax. We provide flat fee legal document preparation services to California residents and businesses. Contact us today to get started or call 800-747-2780.
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I just had a new deed recorded with the county clerk office how long does it take for my name to be on the title of the property?
The transfer should be effective the date recorded.
My mothers home was transferred to my sister over 15 years ago when she went to live with her. My mother is 70 years old and wants to move back to her home to live the rest of her life. We need to transfer the home back to my mom, but want to do this correctly. Is this something you can assist with?
Yes we can most cwrtainly help you with this! Please call our office at 800-747-2780,
Hi, my husband signed a quitclaim deed when the house was purchased, so I am the sole owner. I would like to add him back to the title. Is this possible? Would it affect my current mortgage if we change the title?
You can add him back by recording a title change. Please call us at 800-746-2780.
My husband died. Can I remove his name from the title?
Yes but there are different ways to remove someone after death. We would need to see the way the current title is. Please call 800-646-2780.
My father passed and left a will leaving me and his girlfriend the property. The mortgage company ( bank of america) is requesting a change in title or deed. What do I need to do to get the title changed?
Hello, You will more than likely need to go through probate if there is no trust. We can assist with that. Please call us at 800-747-2780.
My mother recently passed away and did not leave no will her house is still in her name but there is a mortgage now is there any way to change the deed to someone else’s name
Hello, You should speak with an attorney in regards to this matter.
Our mother recently passed away. Her trust grants the house to her children after her death. How can we change the title on the deed? Thank you!
There is some trust administration paperwork that would be required. We can definitely help you with that. Give us a call at 800-747-2780.
My parents has passed away and the property is under family trust and I want to transfer the title into my name but it is with my four siblings also how would just put it into my name.
Please call the office Monday to discuss the trust administration process. 800-747-2780. We can definitely help you with this.
My wife and I just legally changed our last names in CA. Do we have to update our names on our home title? If so, what does this entail?
Hello Amin, We always recommend obtaining legal advice, but that is probably a good idea. If the property is also California, we can prepare a new deed for $200 which would then be recorded at the recorder’s office. Please call the office on 800-747-2780 if you would like a contract or have further questions.
My mom passed some 30 years nothing written I need to change in my name I have 2 brothers I do not know where the are at they do not want nothing with the property when my mom passed
It sounds like you need to file a probate. The longer time goes by after someone dies that owns the real property, the messier and more expensive the process can get. You may want to call us to discuss how we can help you with the legal process to settle the estate and transfer the property to the rightful beneficiaries.
I am buying property with my daughter and son-in-law. How should we title it to transfer and minimize tax obligations upon my death
Hello Nancy, we do not have any information on the tax implications of a title transfer, you may need to get legal advice regarding that. We simply prepare the documents, which we can do so for a fee of $200. You may want to also consider a trust, please call the office on 800-747-2780 and a member of staff can provide further information on our fees and services.
My friend has property in trust her spouse died years ago and she is getting a new trust that will be her own trust moving the property from one trust to another. What is needed death certificate and quitclaim with new trust? What is your fee. Property is in
Newhall, Ca
Hello Cheryl, we can prepare a Trust Administration, distributing the property to the beneficiaries of the trust of the deceased, and we can also prepare the new deed putting the property into the new trust. Please call the office on 800-747-2780 and we can take the necessary information.
Is it possible to have title changed from Community Property (married couple) to Tenants In Common? It is something that will be pursuant to a divorce but where both parties want to retain ownership of the home for a few more years. Thank you.
Changing how title is held probably will not change the legal community rights of a spouse. You may want to talk to a family law attorney .
Hello Nardos, I am not sure what your question is?
HELLO,
MY SON AND I ARE TENANTS IN COMMON AND AFTER DOING SOME RESEARCH I NEED TO CHANGE THE TITLE TO TENANTS IN COMMON WITH RIGHT OF SURVIVORSHIP
Hello Samantha, We can prepare that documentation for you. Please call the office on 800-747-2780 and a member of staff can answer any questions and send you a contract for services.
Hi my property is in a trust , I am the trustee. The tax assessors office has me on the deed but the deed has never been filed so It’s still under my passed father.
Does that make sense?
What is the filling fee and want it still in the trust but under my name
Hello Mr. McCann, I am not sure I follow. If a deceased party is on title, there may need to be a probate process to transfer the property to the beneficiaries. Please call the office on 800-747-2780 and a member of staff can help answer any questions and send you a contract for services.
My wife and I want to change the deed to a house we own in our names . We need to change title to a living trust. The property is in LA County.
We can help you prepare a trust transfer deed to put the real property into your trust. Please give us a call at 800-747-2780. Fee is $200 plus recording.
Hello need assistance to help my mother to change title from her mother to her name
We can prepare the documentation needed. The fee is $200 for a California property, please call the office on 800-747-2780 and a member of staff can assist.