Wife's maiden name on title to our home

Wife's maiden name on title to our home

Murrieta, CA · Member since 2017 · 6 posts · 0 votes

Hi Bigger Pockets!  My wife and I bought our home together a few months before we got married so she is on title, but with her maiden name and not her new name.  Is there any reason to have it changed to her new name?  I assume this costs money, and is likely an annoying process, so I don't want to do it if I don't have to.

If we ever try to sell the house are they going to make us do this anyway since I assume both people on title are required to give their approval to sell a property.  Any help would be appreciated thank you.  

Erik

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Rental Property Investor · Northern, CA · Member since 2012 · 5k+ posts · 5k+ votes
7y

@Erik Bremer If this is in your state (California), it’s a simple processs and it doesn’t cost anything. I’ve done it before.

Go down to the County Recorder’s office and file a grant deed in you and your wife’s (maiden) name granting title to you and your wife’s (married) name. 

At the same time you’ll file a Preliminary Change of Ownership Report explaining the reason for the change (name change due to marriage), and an Affidavit of Exemption from Documentary Transfer Tax (since you’re just correcting a name and not actually changing ownership) so you don’t have to pay any fees. 

(Do not file a quit claim deed.) 

That’s all there is to it. 

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  • Contractor · Coachella Valley, CA · Member since 2017 · 252 posts · 176 votes
    7y

    I'm sure your wife's birth certificate with her maiden name on it could be an option.  However, to correct errors or update deeds/titles all you need to do is a quit claim deed.  Be sure to update your wife's last name on all other accounts associated with the home as well.  IE Lender, Insurance ect.

  • Rental Property Investor · Northern, CA · Member since 2012 · 5k+ posts · 5k+ votes
    7y

    @Erik Bremer If this is in your state (California), it’s a simple processs and it doesn’t cost anything. I’ve done it before.

    Go down to the County Recorder’s office and file a grant deed in you and your wife’s (maiden) name granting title to you and your wife’s (married) name. 

    At the same time you’ll file a Preliminary Change of Ownership Report explaining the reason for the change (name change due to marriage), and an Affidavit of Exemption from Documentary Transfer Tax (since you’re just correcting a name and not actually changing ownership) so you don’t have to pay any fees. 

    (Do not file a quit claim deed.) 

    That’s all there is to it. 

  • Murrieta, CA · Member since 2017 · 6 posts · 0 votes
    7y

    Thank you both for your responses have a great day!

    Erik

  • Real Estate Agent · Sacramento/Placer ~ San Francisco Bay Area counties · Member since 2012 · 1k+ posts · 743 votes
    7y
    Originally posted by @Erik Bremer:

    Hi Bigger Pockets!  My wife and I bought our home together a few months before we got married so she is on title, but with her maiden name and not her new name.  Is there any reason to have it changed to her new name?  I assume this costs money, and is likely an annoying process, so I don't want to do it if I don't have to.

    If we ever try to sell the house are they going to make us do this anyway since I assume both people on title are required to give their approval to sell a property.  Any help would be appreciated thank you.  

    Erik

     Right now it's a Cloud On Title

    A Quite Title Action is recommended. 

  • Bryan ZuetelPro Member
    Attorney · Orange County, CA · Member since 2017 · 242 posts · 99 votes
    7y

    @Erik Bremer, unless there's a compelling reason not shared on here, I would not recommend that you do anything until you sell the property and have the assistance of a real estate professional.  Although it may appear to be an easy task, there are some very minor details that can be overlooked or small errors that can easily blossom into big problems.  I have unfortunately seen these too many times. 

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