Changing the name on a house title in California is a common process that can be necessary for various reasons such as marriage, divorce, inheritance, or personal preference. The process involves legal steps to update the ownership records with the county recorder’s office where the property is located.
Understanding the proper procedure and requirements will help you avoid costly mistakes and ensure the title reflects the correct ownership.
Understanding the Basics of a House Title
A house title is a legal document that proves ownership of real property. It includes the name(s) of the owner(s) and a description of the property.
When you change your name on the title, you are essentially updating the official record of ownership. This is important for legal, financial, and tax purposes.
Why change the name on the title? Common reasons include:
- Marriage or divorce
- Adding or removing a spouse or partner
- Transferring property after inheritance
- Correcting a name due to legal name change
Step-by-Step Guide to Changing the Name on a House Title in California
Follow these steps carefully to successfully change the name on your house title in California:
| Step | Description |
|---|---|
| 1. Obtain the Current Title | Locate your current deed or title showing the ownership of the property. This document is typically recorded with the county recorder’s office. |
| 2. Choose the Correct Form | Depending on your situation, select the appropriate form such as a Grant Deed, Quitclaim Deed, or Trustee’s Deed to transfer or update ownership. |
| 3. Prepare the Deed | Complete the deed by filling in the legal description, current owner’s name(s), new owner’s name(s), and other required information. |
| 4. Get the Deed Notarized | Sign the deed in front of a notary public to ensure its legality. |
| 5. Complete a Preliminary Change of Ownership Report | This report is required by the county and helps assess property taxes. |
| 6. File the Deed with the County Recorder | Submit the notarized deed and the preliminary change of ownership report to the county recorder’s office where the property is located. |
| 7. Pay Recording Fees | Fees vary by county but generally range from $15 to $50. Check your local county’s fee schedule. |
| 8. Confirm the Update | Request a copy of the recorded deed or check online records to ensure the name change has been processed. |
Types of Deeds Used to Change Ownership
Choosing the right deed form is critical. Here are the most common types used when changing names on a house title:
| Deed Type | Description | Common Uses |
|---|---|---|
| Grant Deed | Transfers ownership with certain guarantees that the property is free of encumbrances except those disclosed. | Used for most property transfers between individuals. |
| Quitclaim Deed | Transfers whatever interest the grantor has in the property without warranties or guarantees. | Commonly used to add or remove names among family members or in divorce settlements. |
| Trustee’s Deed | Used when property is held in a trust and the trustee transfers ownership. | Changing ownership when property is held in a living trust. |
Important Considerations Before Changing the Name on a House Title
“Changing your name on a house title is not just a formality; it can have significant legal and financial implications.”
Before proceeding, consider the following:
- Mortgage Implications: If there is an existing mortgage, changing the title may trigger a “due on sale” clause. Always consult your lender first.
- Property Taxes: Changes in ownership can lead to reassessment of property taxes unless exemptions apply.
- Legal Advice: Consult a real estate attorney if you are unsure about the process or implications.
- Title Insurance: Inform your title insurance company about the change to keep your policy valid.
How to Handle Name Changes Due to Marriage or Divorce
Marriage and divorce are two of the most common reasons for changing names on a house title. The process varies slightly depending on the situation.
Marriage
When you get married, you may want to add your spouse’s name to the title. This can be done using a Quitclaim Deed or Grant Deed.
Both spouses must agree to the change, and the deed must be recorded with the county.
Divorce
In a divorce, the court often orders the transfer of property ownership from one spouse to another. This is typically done by filing a Quitclaim Deed to remove the name of the spouse relinquishing ownership.
Consulting your divorce decree and a lawyer is essential to ensure the transfer complies with the court’s orders.
Filing the Deed: Where and How
Deeds must be filed with the Recorder’s Office in the county where the property is located. Each county in California has its own procedures and fee schedules.
You can usually submit deeds in person, by mail, or in some cases, electronically.
| County | Recorder’s Office Website | Approximate Recording Fee |
|---|---|---|
| Los Angeles | lavote.net | $15 – $50 |
| San Francisco | sfrecorder.org | $20 – $40 |
| San Diego | arcc.sdcounty.ca.gov | $15 – $40 |
| Orange | ocrecorder.com | $18 – $45 |
Cost Breakdown for Changing Name on House Title
The costs involved in changing the name on a house title can vary widely. Below is a table summarizing typical fees:
| Expense | Estimated Cost | Notes |
|---|---|---|
| Notary Fee | $10 – $20 | Required to notarize the deed |
| Recording Fee | $15 – $50 | Varies by county |
| Preliminary Change of Ownership Report | Usually free with recording | Filed with the deed |
| Title Search and Insurance (Optional) | $100 – $400 | Recommended for complex transactions |
| Attorney Fees (If Applicable) | $500 – $1,500+ | Depends on complexity |
Common Mistakes to Avoid
- Failing to notarize the deed: Without notarization, the deed will not be accepted for recording.
- Incorrect or incomplete legal description: Always use the exact legal description from the original deed.
- Not filing the Preliminary Change of Ownership Report: This can delay processing and cause tax issues.
- Ignoring mortgage lender requirements: Getting lender approval is essential to avoid a loan default.
- Not checking with the county recorder: Each county may have unique rules or forms.
Additional Resources
For more detailed guidance, consider the following resources:
- California Bar Association – Free Legal Information
- Los Angeles County Recorder’s Office
- Nolo – How to Change Name on House Title
- U.S. Department of Housing and Urban Development
Summary
Changing the name on a house title in California is a legal process that requires careful preparation and filing of the correct documents. Whether you are adding a spouse, removing a name after divorce, or updating for any other reason, following the right steps is critical.
Always ensure that the deed is properly notarized, filed with the county recorder, and that any required reports and fees are submitted.
Consulting with a real estate attorney or title professional can help you navigate complex situations and avoid legal pitfalls. Taking these measures will protect your ownership rights and maintain clear and accurate property records.
