The purpose of this trust is to enable the surviv- ing spouse (and sometimes other family members too) to use and enjoy the property in the trust during the. From filling out a change of trustee form to delivering notices to interested parties, the process of changing trustees can be complicated.The quit claim deed gave title to the house to your husband and he can transfer it to his living trust. You need the deed to state that it is a transfer per Tax and Rev Code 11930 so that the clerk know no tax is due. First, you'll need to prepare and sign a new deed for the property. You'll usually need a grant form or quit claim form to transfer the deed. This community property presumption comes up anytime there is either a divorce, or a spouse has listed property in their estate plan, and they have passed away. Extreme care shall be taken to avoid numerous issues that can arise in a joint trust such as determining which spouse contributed which property, how separate. This community property presumption comes up anytime there is either a divorce, or a spouse has listed property in their estate plan, and they have passed away. The mortgage company does not own your house, you do.