In many cases, the spouse can inherit your house even if their name was not on the deed. This is because of how the probate process works. When someone dies intestate, their surviving spouse is the first one who gets a chance to file a petition with the court that would initiate administration of the estate.
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.
There are a few situations when you need to change the home's title: You get married. If you get married and change your name, it's smart to also change the title on your home. You get divorced. Your spouse dies. You inherit a home.
A properly recorded deed can take anywhere from 14 days to 90 days. That may seem like a long time, but your local government office goes over every little detail on the deed to make sure the property is correct and there are no errors.
Complete a new deed: Update the title with the new name(s). Notarize the deed: Both parties are required to sign the deed in the presence of a notary. Submit to County Recorder: The notarized deed must be filed with the county recorder's office where the property is located.
If you are changing your name separate from a marriage or divorce, you will need to petition the court to change your name. This process can take up to three months after you submit your paperwork. You can complete your forms online or download them. You may also need to complete paperwork for your local court.
Change your legal name Once the judge decides, you pick up a court decree (court order) with your new name. The process generally takes up to 3 months.