How can I legally add a person, such as a spouse or family member, to the deed of my California home?
To legally add a person to the deed of your California home, you must prepare, sign, notarize, and record a new deed with the appropriate county office. Here are the steps to transfer a partial ownership interest in your property.
Step 1: Choose the Correct Deed Form
You will need either a Grant Deed or a Quitclaim Deed. A Grant Deed provides warranties that you own the property and have not already sold it. A Quitclaim Deed simply transfers whatever interest you currently have, without any warranties. A Grant Deed is typically recommended. You can obtain these forms from a stationery store, title company, or an attorney.
Step 2: Determine How to Hold Title
Decide how the new co-owners will hold title. The most common options are Joint Tenancy (which includes an automatic right of survivorship), Tenancy in Common (no right of survivorship), or Community Property (for married couples). This choice has significant legal consequences for inheritance and property rights.
Step 3: Complete the Deed and a Preliminary Change of Ownership Report (PCOR)
Fill out the new deed with the names of the current owner (the "Grantor") and the parties who will be on title after the transfer (the "Grantees"). You must include the property's legal description, which can be found on your current deed. You must also complete a Preliminary Change of Ownership Report (PCOR), which is required by the County Assessor.
Step 4: Complete a Property Tax Exclusion Form
A transfer can trigger a property tax reassessment. To claim an exemption, you must file the correct form. For transfers between spouses, use the Interspousal Transfer Exclusion claim form. For transfers to a child or grandchild, use the Parent-Child or Grandparent-Grandchild Exclusion claim form. These forms prevent your property taxes from increasing.
Step 5: Sign the Deed Before a Notary
As the Grantor, you must sign the new deed in the presence of a Notary Public. The Notary will verify your identity and notarize your signature. The person being added to the deed (the Grantee) does not need to sign it.
Step 6: Record the Documents
Take the original, signed, and notarized deed, the completed PCOR, and any applicable tax exclusion forms to the County Recorder's Office in the county where the property is located. You will have to pay a recording fee. The Recorder's Office will make the document part of the public record.
Important Considerations:
Adding a person to your deed is a significant legal action. This gives them a legal ownership interest that can subject the property to their debts or be part of their divorce or bankruptcy proceedings. This action is not easily reversed.
Note:
Check your mortgage agreement. Many mortgages have a "due-on-sale" clause, which could be triggered by adding a new owner. This might allow your lender to demand the entire loan balance be paid immediately. It is wise to contact your lender before proceeding.
This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 14, 2025
Real Estate
Housing, rental rights, and property laws
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