Legal Question in Real Estate Law in California

Re: Transfer of title to Mother

I'm always a little dismayed to get questions where family members are transferring interests in real property among themselves without prior legal and tax advice. I think most other LawGuru attorneys fee the same way.

It's impossible to say, in your case as well as many others, whether the grant deed reads properly. That would require knowing something about the trust in question, knowing what you intended to accomplish and why, and what your mom actually wrote on the deed. However, I can offer a few general comments:

(1) When a deed is to two parties, if the grantees are married to each other there is a presumption that they take as community property. When the grantees are not married to each other, the presumption is that they hold title as tenants in common (as opposed to, e.g., joint tenants). So, the omission of the words "as tenants in common" is not very significant.

(2) Adding words describing the grantor as "a single woman" or "a married man dealing with his separate property" is done to declare a fact on the public record and serves the sometimes-useful function of notifying all concerned of the status of the grantor's interest; it probably also warrants the accuracy of that fact to the grantee and her successors. Nevertheless, the words don't create or alter a fact; they merely announce it. In that respect, they are not really necessary, but reflect good practice.

If the deed hasn't yet been delivered and recorded, I'd get some tax advice regarding possible unfavorable income tax (capital gains) consequences and have an attorney review the deed if you decide to proceed.