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Will I lose my home if my husband dies or we divorce?

Murrieta, CA |

Hi, my husband and I just bought a house. during the buying process I was told that I could not be on the loan and on the title of the house because I did not have any credit. Though I was putting down a HUGE down payment for the house- I agreed to granting him the house as his sole and separate property because I was told that once the sale of the house had closed my husband could sign a grant deed- deeding the house over to both him and I. (which he did). A couple of weeks later we got a copy of grant deed from the County Assessor but it had a stamp on it- stating "this document flied for by XX as an accommodation only. It has not been examined as to its execution or as to its effect upon title." What does this mean? I am on the title? Do I have any rights to the house?

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Attorney answers 1


How is the title to the house currently held? Does your grant deed say one of the following: Your names, "husband and wife as community property, with right of survivorship" or your names, "as joint tenants with right of survivorship"?

Title companies and escrow companies are often asked to record grant deeds and quitclaims deeds as accommodations, where no title insurance policy is issued. The notation does not affect your rights or title. What matters is how the title is written, as discussed above.



The grant deed was written as "joint tenants" It does not say anything about right of survivorship



It lists him and I, husband and wife as joint tenants.

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