Posted on: 05th Feb, 2009 05:45 pm
I and my wife bought a property in CA. Since my wife was working full time then and I was working part time (with very little income) someone suggested that we should have the loan on my wife only. Now we would like to change the titles on the property so that both names appear. Also we would like that if one of us dies then the property should go to the survivor or if both die it should go to our child.
Please help.
Thanks in advance.
Please help.
Thanks in advance.
Hi Akay
From what you have written, it seems that all you need right now is a quitclaim deed that will transfer the property from one person to another. However, since you both want to on the title of the deed, the verbiage used on the deed would be something like this: From your wife's name (the Grantor) to names of both of you (the Grantee). In your absence, your child can file an affidavit of heirship with a county probate court and get the title to the property. You can also prepare a will so that the property goes to the person nominated by you in the will, when you pass away.
From what you have written, it seems that all you need right now is a quitclaim deed that will transfer the property from one person to another. However, since you both want to on the title of the deed, the verbiage used on the deed would be something like this: From your wife's name (the Grantor) to names of both of you (the Grantee). In your absence, your child can file an affidavit of heirship with a county probate court and get the title to the property. You can also prepare a will so that the property goes to the person nominated by you in the will, when you pass away.
Hi Jenkin7:
Thanks a bunch!
Also I thought should both parents die it would automatically go to the child. Are you saying this is not so easy? Is preparing will the only option? Or is it the best option? Certainly I don't want my child to fight for what she is legally entitled to.
-- akay
Thanks a bunch!
Also I thought should both parents die it would automatically go to the child. Are you saying this is not so easy? Is preparing will the only option? Or is it the best option? Certainly I don't want my child to fight for what she is legally entitled to.
-- akay
Getting the property for your daughter, in your absence, will not at all be difficult. As I mentioned all your daughter will have to is to file an affidavit of heirship in a probate court and the court will legally hand over the title of your property to your daughter. There's no more to it. It is a routine process and absolutely hassle-free.
However, this will not be required in case you prepare a will mentioning therein that your daughter will inherit your property in your absence.
However, this will not be required in case you prepare a will mentioning therein that your daughter will inherit your property in your absence.