Real Estate Law
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Thank you for your question.
I don't mean to be morbid, but I need a little more information.
Do you want to make it so that if either of you dies, the survivor keeps the entire property, or do you want to make it so that if either of you dies, the dead spouse's share passes to his or her heirs?
Are there any encumbrances (liens or mortgages) on the property?
In which County is the property located?
There is a sample form posted at
and you would check the box that says community property without rights of survivorship.
Most stationery stores and real estate offices also have deed forms. You want to use a quit claim form because of the mortgage, and you want the deed to state either community property without rights of survivorship or to state as tenants in common and not as joint tenants.
There is a similar form available from
I hope this information is helpful.
Also, a transfer that makes your spouse an owner will NOT trigger the "due on sale" clause in the mortgage, see item 6 at