Q: What is the cheapest way to transfer a deed from one family member to another in California?
I was married to a man and we bought a property. After some years we divorced and I relocated but never changed the title of the property. He has now passed away. I would like to transfer the property to his daughter. She doesn't have money so I need to know the least expensive way I can do this for her. This is all in California. Your help is greatly appreciated.
A: Since title is still in the name of your former spouse and you, there are some issues that need to be resolved before you can transfer the property. First, you will need a copy of the divorce final order that should say who owns the property after the divorce. If we assume that the judge gave you half of the property and your ex the other half, then you should check to see how the property is vested (joint tenancy, community property, etc.) and ensure that the vesting matches the court's final order. Next, a lawyer would need to know if your ex had a trust or will. If he lived in California and owned some portion of California real estate at the time of his death, then he would need a trust OR his child/children would be required to go through a year-long court process called Probate BEFORE the property could be transferred to the child/children. That court process is required by law, so there's no getting around it IF there was no trust. A Will does not exempt someone from going through probate -- only a trust -- when someone has certain assets valued at $184,500. It's hard to find real estate in California for less than that amount so practically everyone with real estate in California should have a trust. Best wishes!
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