Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.
The simplest way would be to just add her to the deed via quitclaim deed with you being the Grantor and both you and her being the Grantees. Once you sign, have notarized, attach the legal description from the current deed, and file it for recording at the local land records office, you will both be equal owners of the property.
If this is CA, you can get a quitclaim deed form from this legal forms website and won't need an attorney or title company to prepare it for you:
CA Quitclaim deed
That won't affect your mortgage because you are still on the deed. And if you wanted to wait until you were married, then there wouldn't be any gift tax as it is an interspousal transfer. If you gave it to her before marriage, then you are making a gift for half the value but can avoid any gift tax by filing an IRS Form 709 with your taxes in the year of the gift and using up a portion of your $5.34 million dollar lifetime gift tax exemption.
So either way, you can avoid any taxes on the gift.
If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting"For Barrister" in the caption and they will get it to me.