Legal Question in Real Estate Law in California

I hold title to a home in california in my name as a single woman. I am getting married, do I need to have my new spouse sign and interspousal transfer deed to maintain my sole ownership. Or can I complete a transfer on death deed to ensure the home is divided between new spouse and childern


Asked on 6/12/17, 7:31 am

2 Answers from Attorneys

Gary R. White Burton & White

An Interspousal Transfer Deed or Transfer on Death Deed is not what is required. A premarital agreement is what you need. Consult with a knowledgeable family law attorney is your area.

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Answered on 6/12/17, 3:05 pm
Susan Murphy Advocate Legal

I agree with Gary. As a real estate litigation attorney specializing in foreclosure and quiet title I see many cases where people avoid seeing a lawyer early on and pay the price after. Avoid using the county recorder as a replacement for other agreements such as a will, or premarital agreement as Gary suggested.

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Answered on 6/13/17, 12:04 pm


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