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Title name change from wife to husband/wife

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firhill

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Post Posted: Tue Mar 31, 2009 8:34 pm    Post subject: Title name change from wife to husband/wife
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Our California condo we reside in currently has my wife's previos married name only on title.We would like to change it to show both of ur married names now on title. What deed would we use?

Also should it be done as joint tenants,tenants in common or community property as we would like the surviving spouse to have complete ownership should one die?

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Icon Mini Profile adonis
adonis




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Post Posted: Wed Apr 01, 2009 12:22 am    Post subject:
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Welcome firhill,

You can use a quitclaim deed to change the name. Your wife can write her previous married name as the grantor of the property and your current married names as grantee to the property. I think joint tenancy with right to survivorship will be the best option in your situation.

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Icon Mini Profile savior70





Joined: 25 Mar 2009

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Post Posted: Wed Apr 01, 2009 5:50 am    Post subject:
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Hi

You ouhgt to be able to accomplish this with a quitclaim deed. As has been mentioned by Adonis, your wife needs to sign on the deed as grantor with her previous married name whereby she will sign over her interest to you and herself as grantees and here she needs to sign her current married name.
firhill

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Post Posted: Wed Apr 01, 2009 12:05 pm    Post subject:
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Thanks for the responses:)

One more quick question....As grantor,does my wife sign the deed in her "old" name or in her current married name?
Don Turnbee

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Post Posted: Wed Apr 01, 2009 8:42 pm    Post subject:
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She signs her current name - that is after all her current legal name. The deed must reflect her name change though, for example it would read something like Jane Doe formerly known as Jane Smith.
firhill

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Post Posted: Thu Apr 02, 2009 1:47 am    Post subject:
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Thank You
Icon Mini Profile savior70





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Post Posted: Thu Apr 02, 2009 4:55 am    Post subject:
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Hi

I believe as a grantor she needs to sign the deed in her 'old' name because this is the name that appears on the title. So, if her name is listed on the title as 'A', she would sign the deed as 'A' quitclaiming the property to her current maiden name, lets say, B. However, you should involve an attorney during this process to make sure it is done legally and is valid.
Don Turnbee

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Post Posted: Thu Apr 02, 2009 5:57 am    Post subject:
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Well, per the title standards in my state, you would sign with your current legal name and include a recital as to the former name on the instrument.
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