Sharing title-ownership of a home after sole ownership?

Asked by Hluuci, 92646 Sat Mar 7, 2009

I plan to buy a home under my name. But once my fiancee and I gets married, I would like to share ownership in all the legal terms (title and whatnot). How would I go about this? Is it a lot of headache and are there tax implications behind this? Thanks.

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Rich Littlef…, , Huntington Beach, CA
Tue Jun 16, 2009
As far as the tax considerations. You will need to talk to your accountant but really this is a community property state. So for the most part everything will be as though she is added even if you don't do anything.

You can just put her on title, you do that by putting together a new grant deed, have it notorized and record it at the recorder's office in Santa Ana.I can help you do that if you like.

The problem is getting her added to the loan if you want to do that, you would have to contact your lender. Sometimes they will sometimes they wont.
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Harrison K.…, Agent, Irvine, CA
Wed Mar 25, 2009
Other people here have provided some valuable information in response to your question.

As a Realtor and broker with experience, also a lawyer for many years, I recommend that you contact and hire counsel to help you with information about buying a home and then transferring title to your fiancee. There are legal and income tax aspects of this transaction, so please be careful and get good representation and advice.

Best wishes.
Harrison K. Long, Explore Group Properties, Coldwell Banker Previews.
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Karen Wisne, Agent, Westerville, OH
Sat Mar 7, 2009
After you are married, you can sign a QuitClaim deed and record it in the county where your home is. It does not cost alot (less than $30 to get notarized and recorded), but you should have it professionally prepared, so that is it correctly typed. (check with a paralegal or title company to prepare for you).

California is a community property state, so once she is your wife, she will have some rights to the property anyway, unless she signs a Quitclaim back to you. (see a lawyer for the legal details)

Because it is a inter-marriage transfer, the county should not charge you a transfer tax (but check with them ~ who knows these days what taxes they are charging). Income tax? You need to ask a tax accountant about your situation.

A note: how is her credit? if she has liens or judgments, putting her name on title will allow those creditors to attach the house and take any equity you build up.
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