If My Name is on the Deed, Do I Own the Property?

If My Name is on the Deed, Do I Own The Property?

Updated on October 29, 2024

When it comes to property ownership, the deed is a critical document. If your name is on the deed, you may assume that you have full ownership rights. However, there are several factors to consider. In this article, we’ll explore how deeds work in California compared to other states, your rights if your name is on the deed, the implications of different types of deeds, and much more.

What Are Deeds and How Do They Work in California Compared to Other States?

A deed is a legal document that transfers property ownership from one party to another. In California, as in other states, a deed must be signed by the seller in order to be legally binding.  And, in order to have the deed appear in the public chain of title the deed must also be notarized and recorded with the county recorder’s office. There are various types of deeds, each serving different purposes and providing different levels of protection to the buyer.

Types of Deeds:

Grant Deed: Common in California, with this type of deed the grantor is declaring their ownership interest and granting their full ownership interest to the grantee (typically the buyer).  

Quitclaim Deed: Transfers any interest the grantor has in the property without any warranties, often used between family members or to clear up title issues.  With this type of deed the grantor does not need to know what interest they have in the property, they simply grant whatever interest they may have.

Warranty Deed: More commonly used outside California, this deed offers the highest level of protection, guaranteeing a clear title and defending against future claims.

ALSO READ  Can One Owner Sell Jointly Owned Property Without Consent?

What Are My Rights If My Name Is on the Deed?

If your name is on the deed, you have record title to the property. This means that from a record title perspective, you can occupy, use, and transfer your interest in the property. However, your specific rights can depend on how the ownership is structured (e.g., sole ownership, joint tenancy, tenancy in common). Moreover, record title ownership is not always representative of true ownership. It does, however, create a presumption under the law that the person on title is the true beneficial owner of the property. That presumption can only be overcome by clear and convincing evidence. 

Does the Type of Deed Make a Difference?

Yes, the type of deed can significantly affect your rights and protections and the assurances that the grantee is receiving.   A grant deed provides certain assurances that a quitclaim deed does not. Moreover, the type of ownership that you are conveyed also impacts your ownership rights.

What Are My Rights If I Co-Own the Property?

Co-ownership can take several forms:

Joint Tenancy: Each co-owner has an equal share and the right of survivorship, meaning if one owner dies, their share automatically passes to the surviving owner(s).

Tenancy in Common: Owners have distinct shares that can be unequal and can be transferred independently. There is no right of survivorship.  That means when a co-tenant tenant in common dies, they have the right to have their shares go to whoever they may designate in their estate plan (or according to intestate succession if they have no estate plan).

Community Property: In California, property acquired during marriage is generally considered community property, owned equally by both spouses.

Example Scenario:

Imagine you and your friend, Alex, purchase a vacation home in California. Both of your names are on the deed as joint tenants. This means you both have equal ownership and, if either of you were to pass away, the other would automatically inherit the deceased’s share. Typically, when friends purchase property they prefer to purchase as tenants in common so each co-tenant can preserve their share for their heirs in the event they die before the other co-tenant.

ALSO READ  A Legal Description of Property in Real Estate - Explained

Can Someone Unlisted on the Deed Claim Ownership to the Property?

Generally, only those listed on the deed have legal ownership. However, there are exceptions, such as:

Adverse Possession: Someone who occupies the property continuously and openly for a certain period may claim ownership.

Spousal Rights: In community property states like California, a spouse may have rights to the property even if not listed on the deed.

Quiet title: Proving you have true beneficial ownership in the property through quiet title case.  At Schorr Law, our real estate attorneys have litigated hundreds of disputes where one of the parties is arguing that record title does not represent the true ownership of the property.   These disputes are often resolved through a thorough examination of the circumstances surrounding how title came to be held as it is and the parties’ financial contributions to the property.

How Does California Compare to Other States?

California’s use of grant and quitclaim deeds and its community property laws differ from many other states. While warranty deeds are more common elsewhere, California’s community property laws provide that any property acquired during marriage is owned equally by both spouses, regardless of whose name is on the deed.

What If My Name Is on the Mortgage and Not the Deed?

If your name is on the mortgage but not the deed, you are financially responsible for the loan but do not have ownership rights. This situation can arise if you co-sign a loan or take out a mortgage for someone else’s property.

What If My Name Is on the Deed and Not the Mortgage?

If your name is on the deed but not the mortgage, you own the property but are not responsible for the loan. This scenario can occur if you acquire property through inheritance or purchase it with cash, without a mortgage.

How Does Marriage Affect Ownership?

In California, property acquired during marriage is considered community property, meaning both spouses have equal ownership, regardless of whose name is on the deed. Separate property, acquired before marriage or by gift/inheritance, remains individually owned unless commingled.

How Does Death Affect Ownership?

Upon death, how ownership is transferred depends on the type of co-ownership:

ALSO READ  You Inherit Property and Don't Want It. What's Next? - Disclaiming an Inheritance

Joint Tenancy: The deceased’s share passes to the surviving owner(s).

Tenancy in Common: The deceased’s share passes according to their will or state intestacy laws.

Community Property: The deceased’s half-share passes according to their will or state intestacy laws.

How Do You Remove Someone from the Deed?

To remove someone from the deed, a new deed must be created, signed by the person being removed, and it should be recorded with the county. This often involves using a quitclaim deed or grant deed.

Things to Consider When Buying or Inheriting a House

Title Search: Ensure there are no outstanding liens or claims on the property. Typically this is done by obtaining title insurance and reviewing the preliminary title report. 

Type of Ownership: Decide between joint tenancy, tenancy in common, or community property.

Deed Type: Choose the appropriate type of deed based on your needs.

Legal Advice: Consulting with a real estate attorney can help navigate complexities and avoid pitfalls.

How a Real Estate Attorney Can Help

A real estate attorney can assist with:

Title Searches: Ensuring the property has a clear title by thoroughly reviewing title reports.

Deed Preparation: Drafting and reviewing deeds to ensure they meet legal requirements.

Dispute Resolution: Handling disputes between co-owners or with third parties.

Navigating Complex Laws: Understanding and applying state-specific laws and regulations.

Estate Planning: Advising on structuring ownership to meet your long-term goals.

Navigating these issues alone or with a non-specialized attorney can lead to mistakes and overlooked details, potentially costing you time, money, and your rights to the property.

In summary, having your name on the deed generally signifies ownership, but the nuances of property law and the type of deed can affect your rights and protections. Whether buying, inheriting, or co-owning property, understanding these elements and seeking professional legal advice can help safeguard your interests. The Los Angeles based real estate attorneys at Schorr Law can help. Contact us today to schedule a consultations with one of our knowledgable and experienced attorneys. Call us at (310) 954-1877, or fill out our contact form here.

Areas We Serve in California:

Ventura County    -    San Bernardino County    -    San Diego County  -   Bakersfield Kern County   -  Orange County   -  San Luis Obispo County   -  Riverside County    -   The Rest of California

Scroll