QUESTION

When buying a home do you need to show a marriage certificate?

Asked on Sep 30th, 2015 on Real Estate - California
More details to this question:
I want to buy a home with my long time girlfriend, we told her parents that we got married, do we have to show proof of marriage when buying a home?
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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No. She will need to produce a drivers license or other government-issued picture ID for the notary who will notarize the deed of trust to secure the loan. What do her parents have to do with this? They aren't going to see the deed or the deed of trust. They are public documents and not that hard to get copies of, but they are not accessible on the internet,...yet, except through services which require a monthly subscription fee and a one year contract. Customer service at a title company will provide copies for free, if the parents were to ask a title company. Lots of married women retain their birth names. Divorce is common. Changing names is a nuisance, confusing, and can interfere with her career. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack
Answered on Oct 01st, 2015 at 5:07 PM

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