Legal Question in Real Estate Law in California

Property deed

My husband and sister inherited their mother's real property. There is a recorded deed showing the transfer from their mother's estate to the both of them. Since then my sister-in-law quitclaimed her half of the property to my husband making him the sole owner. Her quitclaim deed is also properly recorded. How does my husband go about getting a new deed with just his name on it?


Asked on 10/31/03, 3:31 pm

3 Answers from Attorneys

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

Re: Property deed

What's the purpose?

Right now, if things are as you describe, your husband would show up as the 100% owner in any professional title search.

If he really wants to have a DEED showing conveyance of the entire fee estate to himself from a single grantor, he could always convey the property to a "straw man," perhaps yourself, and then have the "straw man" convey it back. This would result in a single deed covering 100% of the interest, but it would raise questions in the mind of any title examiner as to just why this was done.

I recommend that unless there is a really good reason to have such a deed, that your husband leave well enough alone.

If there is any doubt about the quality of title, your husband could bring a "quiet title" suit to remove any and all adverse claims and obtain a court judgment showing his 100% ownership. Again, don't bother with the time and expense unless there is a sound reason to do so.

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Answered on 10/31/03, 4:16 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Property deed

You really do not need to do anything. He is a 100% owner, with or without a new deed.

It might be wise, for financial planning sake, to set up a living trust for you and your husband, and transfer title into the trust. Thie will save money and time, in case something happens to him, by avoiding probate.

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Answered on 10/31/03, 4:25 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Property deed

No need based on info provided. He can, however, deed the property himself, may need straw man, however, need more to review.

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Answered on 11/03/03, 12:54 pm


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