Legal Question in Real Estate Law in California

Deed to property

My partner and I bought a home this year and have paid for everything 50/50 to date. During the purchase period we found that my credit was an issue and found that my partner could qualify onj his own. We would like to put my name on the propert'y title. How is the easiest way to accomplish this?


Asked on 5/04/09, 8:50 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Deed to property

The easiest way is to have your partner prepare, execute and record a quitclaim deed from him to you each as 50% owners. BUT - there are a few options for how you are going to hold title - you need to review those with your tax adviser and a real estate attorney as they each have legal and potential tax consequences. Unfortunately, each situation is unique, and therefore you should have the transaction reviewed by counsel, and be given proper advice as to the legal effects of each form of joint ownership, how to avoid a gift tax on the transfer, and avoid a potential for reassessment by the county tax assessor. This is something that really cannot be answered on a forum such as this.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 5/04/09, 11:42 pm


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