Can I Sell Our House After My Spouse Passes Away? A Gentle Guide for Surviving Spouses in Bakersfield, Ca

Can I sell the house we shared in Bakersfield after my spouse passes away? Yes, in most cases you can. As a Seniors Real Estate Specialist (SRES®) who walks alongside longtime homeowners through this exact season, I can tell you the first step is not listing the house. It is quietly putting the home in your name alone, and then giving yourself all the time you need.

If you are reading this, you may be carrying a lot right now. The house is full of memories, and it may also feel too big, too quiet, or too much to keep up with by yourself. Some people know right away that they want to move. Others are not sure at all. Both are completely normal. This guide is here so you understand your options, not so you feel any pressure to choose one.

Cyndi Clark-Amjadi is a REALTOR® and Seniors Real Estate Specialist (SRES®) with the Amjadi Zaben Trifecta Group in Bakersfield, California, helping longtime homeowners in Bakersfield and Morro Bay sell and move on a timeline that feels right to them.

The short answer

• Yes, you can usually sell. A surviving spouse is very often able to sell the home they shared.
• The home has to be in your name first. Before any sale, the title needs to show that you are now the owner.
• How that works depends on the deed. Joint tenancy, community property, and a living trust each have their own path. Some are simple paperwork. Some need the court.
• There may be tax benefits. Surviving spouses often have helpful rules on their side for capital gains and property taxes.
• You do not have to decide quickly. In most cases, nothing forces you to sell on anyone else's schedule.

Do I have to sell the house right away?

Do you have to sell your house right away after your spouse passes? No. In most situations there is no deadline to sell. Many people who work with grieving families gently suggest waiting before making big, hard-to-undo decisions, when you can.

What does need attention soon is the everyday care of the home: keeping the mortgage, property taxes, and homeowners insurance paid, and letting the insurance company know about the change. Beyond that, you are allowed to simply live in your home while you catch your breath.

How do I put the house in my name after my spouse dies?

How do you put the house in your name after your spouse dies in California? It depends on how the two of you held title on your deed. Your deed says this in a short phrase near your names. If you do not have a copy, a title company or the county recorder can help you find it.

If you held title as joint tenants

Joint tenancy usually means the home passes to the surviving owner automatically. In most cases you record a short form called an Affidavit of Death of Joint Tenant, along with a certified copy of the death certificate, with the county recorder. In Bakersfield that is the Kern County Recorder. In Morro Bay it is the San Luis Obispo County Clerk-Recorder.

If you held title as community property with right of survivorship

This works much like joint tenancy. The home generally passes to you, and an affidavit plus a certified death certificate is recorded to show it.

If your home is in a living trust

Many couples are named as trustees of their own trust, so the surviving spouse often continues as trustee and can manage or sell the home under the trust's terms. Usually an affidavit is recorded to show your spouse has passed. Your trust document and your estate attorney will tell you exactly what applies.

If you held title as community property, or the home was in your spouse's name alone

Here the path can take a little longer. Sometimes a simplified court process called a Spousal Property Petition is used to confirm the home belongs to you. Sometimes a full probate is needed. An estate attorney can tell you which one fits your family.

When you are ready to sell, the title company handling the sale will review your paperwork and tell you if anything else is needed. That is a normal part of every sale, so please do not worry if they ask for one more document.

Will I owe capital gains tax if I sell after my spouse passes?

Will you owe capital gains tax if you sell your home after your spouse passes? Often less than you might expect. Two rules can help:

• The step-up in basis. When a spouse passes, the tax value of the home is often reset to what it was worth on the date of death. In California, homes held as community property may get this reset on the whole home, not just your spouse's half. For a home you bought decades ago, that can make a big difference.
• The married exclusion for two more years. A married couple can usually exclude up to $500,000 of gain when they sell their main home. A surviving spouse who has not remarried can generally still use that $500,000 amount if the home sells within two years of the date their spouse passed, as long as the other usual rules are met.

These rules have details that matter, and every family's situation is different. Please talk with a CPA or tax professional before you sell, and ideally before you decide on timing.

Will my property taxes go up?

Will your property taxes go up when the home passes to you as a surviving spouse? Generally, no. In California, a transfer between spouses, including at death, is usually excluded from reassessment, so your current property tax base typically stays the same. When the transfer is recorded, a form called a Preliminary Change of Ownership Report is usually filed, and that is where the spousal transfer is noted for the Kern County Assessor.

If you later sell and move, and you are 55 or older, Proposition 19 may let you carry that lower tax base to your next home. That is its own topic, and I have written a separate guide on it below.

What happens to our mortgage?

What happens to the mortgage on your home after your spouse passes? Federal law generally keeps a lender from calling the loan due just because the home passed to a surviving spouse. You can usually keep making the regular payments as before. It is a good idea to call your loan servicer, let them know, and ask what paperwork they need.

If you have a reverse mortgage, please call the servicer soon. The rules for a surviving spouse who was not a borrower on the loan are different, and timing can matter.

What are the steps to sell, once I am ready?

1. Gather a few papers. Certified copies of the death certificate, your deed, your trust if you have one, and your latest mortgage and property tax statements.
2. Put the home in your name. Record the right affidavit, or work with an estate attorney if the court is needed.
3. Talk with a tax professional. Ask about the step-up in basis and the two-year window before you choose a sale date.
4. Walk the home with someone you trust. I walk every home the way a contractor would, room by room, and tell you plainly which bigger items might need attention and which do not.
5. Decide what is worth fixing. If repairs make sense, I bring in my own trusted subcontractors, so you never have to find, vet, or manage a contractor on your own.
6. Sort belongings at your own pace. Many families take this one room at a time, with children or friends helping on weekends.
7. Plan the move and the sale together. If you need time after closing, a rent-back can let you stay in the home for a short while after it sells.

Common mistakes to avoid

• Selling in the first rush of grief because it feels like the house has to go. Unless money or safety forces a quick sale, it is usually fine to wait.
• Missing the two-year tax window without knowing it existed. If you are leaning toward selling, ask a tax professional about your dates early.
• Letting homeowners insurance lapse or leaving the policy only in your spouse's name. Call your agent and update it.
• Saying yes to the first "we buy houses" call or letter. Those offers often come in well under market value. You deserve a clear picture of what your home is worth first.
• Trying to handle repairs and contractors alone. You do not have to carry that part by yourself.

What does this look like in real life?

Here are two examples of how this might unfold. They are illustrations, not specific clients.

Example 1: A home in southwest Bakersfield held in joint tenancy

A homeowner in her mid-seventies loses her husband of 48 years. Their deed shows joint tenancy. With help from her daughter, she records the affidavit and a death certificate with the Kern County Recorder, updates the insurance, and keeps paying the mortgage as before. She stays in the home through the holidays. In the spring she decides a single-story home closer to her daughter would be easier. Because she sells within two years, her CPA confirms she can still use the larger married exclusion.

Example 2: A Morro Bay home in a living trust

A retired man in Morro Bay continues as trustee of the family trust after his wife passes. His estate attorney prepares the affidavit for the San Luis Obispo County Clerk-Recorder. He is not sure he wants to move at all, so he waits a year. When he is ready, a walk-through shows a few items worth fixing and many that are not, the repairs are handled for him, and he moves on his own schedule.

Should I sell, or stay?

Selling may be a good fit if:

• The home feels like more upkeep than you want to manage alone.
• You would like to live closer to family or in a single-story home.
• Your tax professional suggests timing your sale within the two-year window.

Staying may be a good fit if the home still feels right, you can manage it comfortably, and you simply are not ready. There is no wrong answer, and you can always revisit the question later.

Cyndi Clark-Amjadi, REALTOR® and SRES® with the Amjadi Zaben Trifecta Group in Bakersfield, California, helps surviving spouses and longtime homeowners understand their options and, when they are ready, sell and move on a timeline that feels right to them.

Frequently asked questions

Can a surviving spouse sell a house without probate in California?

Can a surviving spouse sell a house without probate in California? Often, yes. If the home was held in joint tenancy, community property with right of survivorship, or a living trust, it usually passes without probate. Other situations may need a Spousal Property Petition or probate. An estate attorney can confirm yours.

What is an Affidavit of Death of Joint Tenant?

What is an Affidavit of Death of Joint Tenant? It is a short sworn form, recorded with the county along with a certified death certificate, that shows the home now belongs to the surviving joint owner.

How long does a surviving spouse have to use the $500,000 capital gains exclusion?

How long does a surviving spouse have to use the $500,000 exclusion? Generally, the home must sell within two years of the date the spouse passed, the surviving spouse must not have remarried, and the usual ownership and use rules must be met. Please confirm with a tax professional.

Will my property taxes be reassessed after my spouse dies?

Will your property taxes be reassessed after your spouse dies? In California, a transfer to a surviving spouse is generally excluded from reassessment, so your property tax base usually stays the same.

Can I keep the mortgage in my spouse's name?

Can you keep paying a mortgage that is in your spouse's name? Usually, yes. Federal law generally protects a surviving spouse from having the loan called due because of the death. Call your servicer to let them know and ask what they need from you.

How soon after my spouse passes can I list the house?

How soon after your spouse passes can you list the house? As soon as the title is in your name, or the right person has authority to sell. That said, there is usually no reason to hurry, and many people feel better waiting until they have had time to think.

Would you like someone to talk this through with?

If you have lost your spouse and are wondering what to do about the house, you do not have to figure it out alone. I am happy to sit down with you, listen, and walk through your options, even if the answer is to stay right where you are. There is no timeline and no pressure. It is simply a conversation.

You can call or text me at (661) 549-5933, or visit trifectagroupca.com.

Related reading

• Will You Owe Capital Gains Tax When You Sell Your Bakersfield Home?
• Can I Keep My Low Property Taxes If I Sell My Bakersfield Home and Move? A Guide to Prop 19 for Homeowners 55 and Older
• Aging in Place vs. Downsizing in Bakersfield, CA: How to Decide Which Is Right for You
• Downsizing Checklist for Bakersfield Homeowners: How to Declutter a Lifetime of Belongings Before You Sell
• Selling an Inherited Home in Bakersfield, CA: What Heirs and Executors Need to Know
• Disclaimer: This article was written by Cyndi Clark-Amjadi, REALTOR®, SRES®, CA DRE# 01183594, Amjadi Zaben Trifecta Group, Broker X, CA DRE# 02423822, 3512 Coffee Road, Bakersfield, CA 93308. It is general information only and is not legal, tax, or financial advice. Cyndi Clark-Amjadi is not an attorney, CPA, or tax advisor. Information is believed to be reliable but is not guaranteed, and laws and rules can change. Every family’s situation is different, so please confirm the details with an estate attorney, a CPA or tax professional, your title company, and your loan servicer before you act.