Affidavit—Death of Spouse or Domestic Partner (California)

Use this form to remove the name of a deceased spouse or partner from the title of property that was held as community property. For use in California only.

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  • If your spouse or registered domestic partner has died, leaving to you alone his or her interest in your community property home, the home does not need to go through probate; it now belongs to you. However, to sell or transfer the property, you must remove your spouse’s or partner’s name from the title. Use this affidavit to show that your spouse or partner has died and that the house now belongs to you alone.