How would it be stated in the deed if two gay men get married? 7 Answers as of November 13, 2013

If two gay men get married in California, person A currently owned the house they lived in as "person A, a single man". Now that they are married, he would like to add person B to the deed. It appears that would be a quit claim deed, and I'm not sure how the vesting would be as everything states it should go "person A and person B husband and wife as community property". Just curious how you would word the "husband and wife" since they are both males.

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Law Office of David T Egli | David T. Egli
I don't believe "person A and person B, husband and wife as community property" would cause any significant problem that couldn't be resolved later. However, one title company I know of used "A and B, spouses, as community property." I don't know why "A and B, a married couple, as community property" wouldn't also work. Either should be clear enough to avoid title problems.
Answer Applies to: California
Replied: 11/13/2013
Law Ofices of Edwin K. Niles | Edwin K. Niles
Spouses.
Answer Applies to: California
Replied: 11/13/2013
Irsfeld, Irsfeld & Younger LLP | Norman H. Green
"Person A and person B, husband and husband, as community property" should work. So would "person A and person B, spouses, as community property". Probably even "person A and person B, married men, as community property".
Answer Applies to: California
Replied: 11/13/2013
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
A grant deed would issue from the owner to the owner and his partner, as community property, or as joint tenants if you so desired. The marital status does not have to be mentioned in either case of title specified.
Answer Applies to: California
Replied: 11/13/2013
The Law Offices of Tres A. Porter | Tres A. Porter
That depends on the parties and their preference. The easy, but still completely correct way to handle the issue is just to transfer from person A, single man, to Person A and Person B, as joint tenants with right of survivorship. If we were to presume that marriage between two parties of the opposite sex, then it could certainly be written as to A and B, a married couple, as community property. This is not necessarily an ideal situation for person A who is now giving up/gifting his separate property premarriage interest in the property. The parties should consult a family law attorney such as myself in their area as soon as possible.
Answer Applies to: California
Replied: 11/13/2013
    Law Offices of Patrick Edaburn | Patrick Edaburn
    The would be listed as joint tenants with right of survivorship, which is also how husband wife are usually listed now, and also how unrelated owners are listed.
    Answer Applies to: California
    Replied: 11/13/2013
    James Law Group
    James Law Group | Christine James
    The marriage must be a legal marriage, and I would suggest you have an attorney draw the deed for you as recorded documents are critical and must be done right to avoid issues later.
    Answer Applies to: California
    Replied: 11/13/2013
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