Legal Question in Real Estate Law in California

My name is currently on our rental property title. Can I easily change this to be a company name such as "my last name" Investments?


Asked on 4/04/11, 11:50 am

3 Answers from Attorneys

The process is easy. Record a deed from yourself to the business entity. The hard part is figuring out if you have a business entity that can legally hold title, and what the tax, lender/mortagage, and liability issues would be and therefore whether it is a good idea. Chances are very high that it would have unintended consequences you do not want.

Read more
Answered on 4/04/11, 12:51 pm
Anthony Roach Law Office of Anthony A. Roach

I hope you have a valid legaly entity that you are deeding the property to.

Read more
Answered on 4/04/11, 1:00 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

If you deed property to a nonexistent entity, how will the nonexistent entity sell it? Such a deed would merely muddy the chain of title. Form an LLC or corporation with the intended name before transferring title.

Then make sure you have your lenders' approval in writing. Most loans have "due on sale" clauses that will cause your loan to become due if you transfer title to someone (or something) other than the borrower named in the loan.

If you have tenants, get a replacement lease showing the new owner as lessor/landlord.

Expect to get a new assessment and a different tax payment. We are accustomed in the past to see property taxes go up, but they could go down.

Also, be sure to report the transaction on a capital-gains and losses schedule and pay the appropriate tax, or take the appropriate capital loss.

Get your insurance policy rewritten to show the new owner/loss payee.

Read more
Answered on 4/04/11, 5:41 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California