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Updated over 5 years ago on . Most recent reply

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Amit M.
  • Rental Property Investor
  • San Francisco, CA
1,618
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1,578
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Holding title in CA question

Amit M.
  • Rental Property Investor
  • San Francisco, CA
Posted

Hi. I’m wondering if it’s possible for a married couple to do this: 1- for spouse A to hold title to an investment property (in CA) as “sole and separate”. 2- for that property to *automatically* be transferred/inherited by spouse B upon the death of spouse A. Note that spouse B signed a quit claim deed, to make the property officially sole and separate. 

In this case there are no children from the marriage, only the 2 spouses. The idea is to avoid probate, and have all assets automatically transfer to spouse B. BUT also to have the assets owned by spouse A as sole and separate while alive. 

Any simple ideas on how to hold title to achieve this? Because my understanding is that if the property is held by spouse A as sole and separate, and spouse B signed a quit claim deed, then upon death of spouse A the property would go into probate?

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