How to Transfer Ownership of a House Without Selling
Transferring ownership of a house without selling is a common need for California homeowners—especially when planning for the future, navigating family transitions or managing complex legal or financial situations. Whether you’re gifting property to a loved one, preparing for retirement or simplifying your estate, understanding your options can help you avoid unnecessary legal fees, tax obligations and emotional stress.
At Property Sales Group, we’ve helped hundreds of homeowners across California transfer real property without the hassle of listing, agents or repairs. This guide breaks down the most effective and legally binding ways to transfer real estate in 2025—while protecting your ownership rights and financial interests.
Why Transfer Property Without Selling?
Common Life Situations That Call for Ownership Change
Not every transfer of real estate involves a traditional sale. Many homeowners want to transfer ownership interest for reasons such as:
- Gifting property to children, grandchildren or other family members
- Divorce settlements or separation agreements
- Estate planning to avoid probate after the owner’s death
- Adding or removing someone from the property title for legal or tax purposes
- Qualifying for Medicaid or other long-term care benefits
These scenarios often involve family transfers where the goal is to keep the home in the family and avoid the complexities of selling property on the open market.
Benefits of Transferring Over Selling
- Keep family legacy by keeping the home in the family
- Avoid real estate agent commissions and closing costs
- Minimize disruptions and potential legal claims
- Manage estate and tax planning more efficiently
- Save money by reducing transaction related expenses
6 Ways to Transfer Property Ownership Without Selling
1. Quitclaim Deed for Quick Ownership Change
A quitclaim deed lets a property owner hand over whatever ownership they have in a home to someone else—but without any promises or guarantees that the title is clear or free of issues. This is often used for:
- Family transfers, from parent to child or between spouses
- Clearing up title issues or correcting errors
- Transferring property when no money is changing hands
Note: A quitclaim deed does not guarantee the property’s title is free of liens or encumbrances. Before recording the deed, it’s a good idea to work with a title company to do a title search and make sure there are no surprises that could impact the new owner’s title.
2. Gift Deed and Gifting Property the Right Way
A gift deed is a legally binding document used to transfer real estate as a gift with no money changing hands. It’s often used for:
- Gifting property to a family member or friend
- Donating real property to a non-profit or religious organization
To do a gift deed in California:
- The deed must state it’s a gift with no consideration
- The donor must sign in front of a notary public
- The deed must be recorded in the county where the property is located
Gift tax issues: If the home’s fair market value exceeds the annual gift tax exclusion (currently $19,000 in 2025), the donor must file IRS Form 709. While this doesn’t always result in taxes owed, it may reduce your lifetime gift and estate tax exemption.
3. Transfer-on-Death Deed (Beneficiary Deed)
California’s Transfer-on-Death Deed—also called a beneficiary deed—allows a homeowner to name a beneficiary who will inherit the home upon the owner’s death. This is great for avoiding probate and ensuring the property goes to the intended person.
Benefits include:
- Skips probate entirely
- Keeps the owner’s full control during their lifetime
- Can be revoked or amended at any time
To be legal, the deed must be signed, notarized and recorded within 60 days. While it’s simpler than a trust, it’s still a good idea to get legal help to make sure it’s done right.
4. Living Trust for Long-Term Ownership Planning
A revocable living trust allows you to keep full control of your home while specifying exactly who will get it after you’re gone. The property is titled in the name of the trust and upon the owner’s death, the successor trustee transfers the home to the beneficiaries.
This offers:
- Complete avoidance of probate
- More privacy and flexibility than a will
- Clear direction for complex family situations
Setting up a trust requires careful planning and legal help, but it’s often the most thorough way to transfer real estate with minimal future legal disputes or tax issues.
5. Life Estate Deed and Market Value Considerations
With a life estate deed, the current owner (called the life tenant) retains the right to live in the home until death. After the owner’s death, the home goes to a remainderman—usually a family member.* You get to stay in the home for life
- No probate
- The new owner gets the home at the current market value
However, life estate deeds can make it harder to refinance or sell the property in the future. Consider long-term flexibility and whether the new owner will occupy or rent the property.
6. Joint Tenancy with Right of Survivorship
Joint tenancy is a way to own real property with one or more people. When one joint tenant dies, the other owners automatically inherit their share.
Key points:
- No probate through the survivorship deed effect
- All owners must have equal ownership interest
- Typically used between spouses or close family
To create a valid joint tenancy, the deed must state it explicitly. A general warranty deed or warranty deed can be used to create joint tenancy and provide assurances about the property title.
