How does my common law partner transfer the home his mother left him in a living trust, into his name,and add mine?
3 attorney answers
This can be done in one deed, but there could be tax consequences to doing so. Your significant other should contact an attorney to find out the consequences of these actions. As a side note, California does not recognize common law partners. You are either a registered domestic partnership, married or single. Best wishes!
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See a lawyer. Generally, you require an Affidavit of Death, a Death Certificate and a new Deed. The successor trustee must affirm that the trustee has died and that the successor trustee named in the trust is the new trustee. The affidavit must also state that the deceased trustee owned the real property in question. An original certificate of death must be submitted in support of the affidavit. A new deed transferring ownership to the beneficiary(ies) named in the trust is necessary. You can then select joint tenancy as a way to hold title with right of survivorship. SEE A LAWYER if you have further specific questions pertaining to your own situation.
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