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rufc4 · Joined: 19 Mar 2009 Posts: 3 2.69 Dollars($)

My wife recently passed away, we have a property in Los Angeles, California, we are both listed on the deed of trust as husband and wife as joint tenants, I would like to remove her name from the deed / title just in case I need to sell the house, which form do I need to file with the county recorder ?

"Affidavit of Surviving Spouse Succeeding to Title to Community Property"

OR

"Affidavit of Heirship"

thanks, HC

jenkin7 · Posted: Thu Mar 19, 2009 11:34 pm Post subject:

Hi rufc,

The joint tenancy form of ownership generally comes with a right of survivorship clause which enables the surviving spouse to inherit the property after the other spouse's death. However, to change the title in your name you need to file an Affidavit of Surviving Spouse Succeeding to Title to Community Property with the county recorder.

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