Legal Question in Real Estate Law in California
If a single womas receives a gift deed of property with her name being sandra rosales but when she marries and changes her name to sandra rosales perez. Under what name should she use to grant a gift deed to another person as single or married?
Or if she changes her name from sandra rosales to sandra rosales perez. Under what name should she use to grant a gift deed to another person?
Moreover, if she gives a gift deed valued 55000 how much would the gift taxes be in california? And if she doesnt pay them the person receiving the gift deed could pay them?
1 Answer from Attorneys
The California Civil Code contains a section that addresses the first part of your question. CC Section 1096 is entitled "Conveyance after change of name; procedure" It basically says that you must use the name under which you acquired title to make a conveyance after a name change. As to gift taxes, under 26 USC 2505 there is a lifetime exemption of $1,000,000 which will probably protect Ms. Perez from having to worry about gift tax liability. If in doubt, consult a tax specialist.
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