If I want to transfer part ownership of a property to my new wife as tenant in common, what instrument should I use?

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If I want to transfer part ownership of a property to my new wife as tenant in common, what instrument should I use?

I am sole owner of a rental home but want to make my new wife a tenant in common as to a 50% interest. The Recorder’s office said I need either a grant deed or a quit claim but couldn’t say which.

Asked on March 13, 2012 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A quit claim deed is not the best form of a deed to use.  Although it is legal, it can be open to challenge.  I would seek help from an attorney in your area before you execute the deed and let him or her explain the types of ownership available.  There is with or with out survivorship interests, etc.  Good luck.


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