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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 40086
Experience:  30 years in civil, probate, real estate, elder law
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I sold my house to my daughter and her fiancee. She us jor

Customer Question

I sold my house to my daughter and her fiancee. She us jor on the loan, therefore not on the deed. How can we add her name to the deed, and allow them to "inherit" my property tax base, as a family member sale? We are in San Benito County, Hollister, California.
The sales was complete, end of September 2016.
Submitted: 4 months ago.
Category: Legal
Expert:  Ray replied 4 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 4 months ago.

You can have lawyer prepare a life joint tenancy with right of survivorship that way all have title and when you decease they take the property with full title.No probate is necessary.You really want to have local lawyer prepare this to avoid any title issues.

Customer: replied 4 months ago.
I don't own the house any longer, they purchased it from me in September.
Expert:  Ray replied 4 months ago.

Right but you need the deed to transfer title to them.If you aren't keeping a life estate here it is a quitcliam deed if you want life estate then it is joint tenancy with right of survivorship deed.Lawyer can title this whichever way you want it.

Expert:  Ray replied 4 months ago.

My thought here was for you to keep life estate since you are on loan but thats your call whether to keep life estate or quitclaim whole thing to them.

Customer: replied 4 months ago.
I am no longer on title. It is now in my daughter's fianaces' name. We want to put her on title with him and file the new title with the county tax recorder for property tax purposes.
Customer: replied 4 months ago.
I am not on his loan .
Expert:  Ray replied 4 months ago.

Quit claim deed form if you want to do this yourself. He signs as grantor and both are grantees and then each has half interest.

http://www.slocounty.ca.gov/Assets/CR/Commonly+Recorded+Documents+Forms/QuitclaimDeed.pdf

Fair warning here if fiance is on the title and they aren't married they are not exempt from the transfer fees, they have no legal relationship. If they marry first then they are exempt.

Thanks for the clarification.Let me know if you have more here.

Customer: replied 4 months ago.
Ok, we will complete the quit claim in order to add her name to the title. Does this resolve both points in my question?
Will the county tax assesor automatically reduce their property tax back to what I was paying, or do we have to file other paperwork for a family member sale?
Expert:  Ray replied 4 months ago.

This resolves title here.You will need to complete tax forms when you file this to see if you can reduce the taxes .I appreciate the chance to help you today and wish you a Happy New Year.