Legal Question in Real Estate Law in California

adding a person to deed

What form do I need to add my daughter to the deed on my property? This is a home and land.


Asked on 1/22/07, 11:14 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: adding a person to deed

Once a deed is made, delivered and recorded, one cannot add or subtract names or other information. I'm sure you mean "add to the title."

Adding someone to title as an additional owner is accomplished by use of a (new) deed, by which the current owner or owners will grant or quitclaim the desired interest to the new co-owner. The granting language will vary somewhat depending upon whether it is intended to make the new co-owner a tenant in common or to create a joint tenancy. The latter is somewhat more technical.

The deed form used could be either a quitclaim deed or a grant deed. Both can be purchased at stationery shops, etc.

The reason I'm not giving you specific instructions on how to do it is that I'm afraid you may be making a strategic mistake. If your intent is to make sure that your daughter will "inherit" the property, please note that it is much better for her to receive the property as a true inheritance rather than as an inter vivos (during your lifetime) gift. This is for tax reasons.

I recommend instead that you consult directly with an attorney, preferably one who does a fair amount of estate planning, or perhaps tax work.

Your daughter will eventually thank you for your foresight.

If for reasons unknown to me it is still preferable to transfer the ownership interest right now, you may be best advised to have an escrow and title company draw up and record the deed for you, for a small fee; that will avoid common mistakes.

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Answered on 1/22/07, 3:55 pm


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