REAL ESTATE REALITY: SHOULD I ADD MY SPOUSE TO THE TITLE OF MY HOME?

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By Maryanna Jackson

June 28, 2019 (San Diego’s East County) –  Dear Maryanne,

Two years ago, I purchased a condominium in San Carlos. I was single. I have since married and never did add my spouse to the title.

If I should sell my home will I need to add my spouse to the title of my property in order to sell?

--D.S., San Carlos, S.D.

Dear D.S.:

California is a community property state and there are definite rules that will apply to the successful transfer of title to your new buyer and avoid any future claims by your spouse.

  1. Option one you can have your spouse sign a quit claim deed during escrow. Your escrow officer will prepare this deed for your spouse to sign. This will relinquish any rights he may have to the community property allowing you to move forward as married but selling your sole and separate property.
  2. The second option is to have a title company add your spouse to the title of the property prior to listing your home for sale. (They will need a copy of your marriage license and driver’s license.) Your spouse will then need to sign the listing agreement and other disclosures related to the listing and sale. This will also provide him with legal ownership to the property.

Please submit confidential questions to Maryanne Jackson, Real Estate Broker CNE. CPRES. Ca DRE# 01784021, westcoastproperties@yahoo.com.  All questions will be answered on a first come first serve basis.