Only Husband's Name On a Grant Deed: What Happens When He Dies?
Let’s say the husband’s name is on a grant deed only. Perhaps his credit was better at the time of purchasing the house, maybe the couple had other reasons; perhaps they thought they will fix it later but never did it...
If you are an estate planning attorney or a real estate agent, you see this a lot.
One day, the husband passes away. How does the house go to the wife, the widow? Does the wife have to go to the heaven to get a signature from the husband to sell the house? (She thinks he’s in heaven.)
All jokes aside, this is a pretty common situation in California and it may have unpleasant and costly consequences. If the house is under one spouses name only and you are both alive, please do some thinking and revisit this decision. It’s easy to fix it while both spouses are still alive.
The situation can be rectified even after the husband’s death, however, it will require going to court, so, not ideal. If the house was bought after marriage, it qualifies as community property and we can go ahead and file a form in court explaining to the judge that the house was purchased jointly and, therefore, it should be deemed community property.
After hearing the case, a judge will sign an order, an updated grant deed will be issued, and the surviving spouse will be able to sell the house if she wishes to. This, however, may take several months to accomplish.
If you are not a fan of court and legal fees as well as lengthy procedures, make sure that both spouses names are on the grant deed. Better yet, ensure that your family’s legacy is protected by creating a living trust.
Please reach out to us for all your estate planning needs: from fixing outdated and flawed trusts to drafting new estate planning documents, we look forward to helping you protect your loved ones and leave a legacy lasting for generations!