Is your deed correct?
Question of the week: Is your deed correct?
Answer: When you own a home you have deed, typically a Grant Deed from the prior owner, that is your proof of ownership.
If you have a mortgage, in California there is also a Trust Deed, which places a lien on your property with the lender as beneficiary for the amount of the mortgage.
Over the years our lives change, marriage, divorce, re-marriage, death, inheritance, sale, purchase, refinance, kids, some of these occur while you own a home and can result in a need to change the title of ownership for your home.
“Title” is the legal description of the owner(s) of the property.
Title is determined by the legal status of the individuals, or entities, that will own the property, and what may occur upon the death of any individual on the title.
Individuals taking title are either single, or unmarried. Single means you have never been married before, unmarried means you have.
John Doe as an individual, never married.
John Doe as an unmarried man, was married and either divorced or a widower.
If more than one person owns the property, there are several ways to hold title, some overlap where owners or married or not married.
Spouses and domestic partners can take title as
Community Property which is equal ownership between the spouses or domestic partners. If one party dies probate will be required to determine who will own the property, either the spouse/partner, or if they had children from prior relationship, do they have a right to title?
Community Property with Right of Survivorship, similar to above, but with transfer of full ownership to surviving partner, avoiding probate.
Joint Tenancy with Right of Survivorship, equal ownership and survivor inherits full title—similar to community property and parties do not need to be legal partners. For instance, if John Doe and Jane Deere are in a long-term relationship, but not domestic partners, depending on either’s prior marital status, they can take title as John Doe, an unmarried man, and Jane Deere a single woman, as joint tenants with right of survivor ship.
For unmarried partners, besides joint tenancy, other options for unmarried partners, or multiple owners title can be
Tenancy in Common in which each party can have a different percentage of ownership, as long as the total is 100%. Each owner can freely transfer their title, depending on other agreements, and there is no survivorship. From example above, John and Jane can take title as tenants in common, each with 50% ownership and will their share to other beneficiaries. If John’s brother Jack and his wife Jill will be purchasing the property, which is a duplex, John and Jane, the title may read: John Doe, single man, with Jane Deere, an unmarried woman as joint tenants with right of survivorship as tenants in common with a 50% interest with Jack Doe and Jill Doe, as husband and wife with a 50% interest as community property with right of survivorship.
Many individuals, and married couples or domestic partners, wisely have trusts. Trusts will have the property listed as an asset of the trust and will detail the disposition of the property upon the death of one, or both, parties. If Jack and Jill have a trust, they can take title as Jack Doe and Jill Doe, as husband and wife and trustees of the Jack and Jill Doe Family Trust.
What happens if Jack and Jill do not have a trust and get divorced with Jill keeping the home? The divorce decree will state that Jack is to transfer title to Jill. He does this by signing a Quitclaim Deed. If he does this after the divorce is finalized it will read Jack Doe, an unmarried man, quitclaims to Jill Doe, an unmarried woman, all rights, title and interest. If they are still married, they would be titled as married man and married wife.
Quitclaim deeds also occur when a couple get married. Take our original example, John and Jill get married, Jill is taking Doe as her last name. They will sign a quitclaim in which John Doe, an unmarried man, and Jane Deere and unmarried woman, quitclaim to John and Jane Doe as husband and wife as…however they decide to take title, likely as community property with right of survivorship.
When a spouse passes away, depending how title is taken, there is either automatic transfer of ownership, or the property will need to go through probate. Either way, to transfer ownership for proper title, the surviving spouse should record an affidavit of death with death certificate with title change to unmarried man or woman.
In the case of a death with a trust in effect, the trust may be restructured to an individual trust for the surviving spouse, and a new deed recorded showing title in the name of the trust.
Relationships change, either willfully or not, and these changes may require a change in title for property, otherwise a death or other relationship down the road may put a “cloud” on title that can be costly to resolve.
Some examples I have seen. A client was purchasing a new home, not going on title but very active in the process was his younger girlfriend. She was very involved, being at every meeting we had, including when I was taking the loan application—in the way back days of handwritten applications. When I asked if he had been married before, he was quieter than normal for a moment, and said, yes, in fact he was still married.
Room, quite a small interview room at a real estate office, became a bit tense. Girlfriend, “what? I thought you were divorced!” Turns out they never completed the divorce. I explained to him that since he was married and California is a community property state, his wife would have to sign a quitclaim as to her interest otherwise she would automatically have a claim to title.
The wife agreed to sign a quitclaim deed, but wanted some money to do so. I was a notary at the time and we all met in the same small interview room so I could notarize the quitclaim deed as he passed her a cashier’s check for, as I recall $5000. The wife and girlfriend never took their eyes off each other and I could not wait to get out of the room.
Reverse mortgage client had been a widow for 30 years and the title was never changed, still showed husband and wife as joint tenants with right of survivorship with her deceased husband. She had lost the death certificate. We needed title to obtain a copy of the death certificate and facilitate transferring title to our client in order to close.
It is not just purchase transactions where title is established, refinances can also necessitate title changes, or a lot of work to be done to ensure title is correct before closing. In the middle of divorce, we refinance to obtain funds to payout the spouse’s portion of the equity. Spouse needs to sign a quitclaim deed to relinquish title, but won’t do so unless the funds are provided. The divorce is not final yet as there are some items still being negotiated, spouse quitclaims as married to husband who is married. Loan approval is delayed due to numerous co-owned properties and getting proof of who owns what, who owes what on the properties, etc. The divorce agreement and finalized, we are not made aware that has happened and just before fund find out that they are now both unmarried; new loan documents and deeds are drawn for signing and recording.
If you have had any changes in our marital status, created or dissolved a trust, had a spouse or partner pass away, make sure the title to your home reflects the proper language to ensure you have clean title to your property.
Have a question? Ask me!
Rates for Friday November 7, 2025: With no major economic data forthcoming due to government shutdown, investors are trying to read weak tea leaves and adding more importance than they otherwise. This week it is weak consumer sentiment that caused rates to rally after rising in earlier in the week; flat from last Friday is the result.
FIXED RATE MORTGAGES AT COST OF 1.25 POINTS LOCKED FOR 45 DAYS:
30 year conforming 6.00% Flat
30 year high-balance conforming 6.125% Flat
Please note that these are base rates and adjustments may be added for condominiums, refinances, credit scores, loan to value, no impound account and period rate is locked. Rates are based on 20% down with 740 FICO score for purchase mortgages.
It was enough, plenty, never too much, but close. The final two games of the World Series filled this lover of baseball fully, enough to hold me over until pitchers and catchers report to spring training in about three months.
For decades I have nurtured memory of what was, to me, the greatest* World Series in my memory, the seven game classic in which the Cincinnati Reds beat the Boston Red Sox in 1975. While it will always be with me, the Dodgers seven game victory this season was great baseball for all fans and ranks number one* for me.
*On a pedestal by itself is the 1980 Philadelphia Phillies win over the Kansas City Royals in six games, their first World Series win in their history, sitting slightly below is 2008 when they beat the Tampa Bay Rays.
Congratulations to the Dodgers and all baseball fans on a great, great World Series.
