California Interspousal Deed Form

An interspousal deed form is a formal contract, also known as the deed of gift, according to which property rights are transferred between married people. In general, this agreement provides a limited guarantee of ownership.

By signing this covenant, the spouse transferring private property guarantees that the transition is lawful and there are no legal issues concerning the property or its title. However, the so-called grantor does not provide any warranties regarding the past of the subject property. Therefore, anything that went on in the premises before the grantor purchased it is beyond their expertise.

Basically, the transaction held with the help of an Interspousal Transfer Grant Deed form is barely a change of ownership. As long as the spouses are married and share the same name (but not necessarily), they can transfer the name to the property title certificate. Usually, such transfers do not lead to reassessment and are not subject to taxation. Learn more about this in our guide: https://formspal.com/deed-forms/.

Interspousal Deed Laws and Requirements in California

Like other official documents, the California Interspousal Transfer Deed Agreement should comply with the local norms and regulations. Transmitting property from one spouse to another is a long process. Sometimes unexpected factors can make it even more extended, such as unknown liens, forged documents, and lack of heirs, among others.

By the way, title insurance in the real property transferring process can supplement the guarantee. This document safeguards the issuer from any risks during the transaction. However, before you fill it out, the relevant insurance company searches through the land records and other resources to ensure that the property title is in order. Thus, you can avoid unforeseen circumstances and critical situations.

Laws

All issues concerning property transferring are regulated by the California Civil Code and the Federal Revenue Taxation Code (Section 63). This statute governs the obligations of both parties to the transfer deal and sets forth specific deadlines and legal procedures. Each chapter contains comprehensive information about real property, tax payments and fees, and the receiving and transfer process.

Please note that the California Interspousal Transfer Grant Deed is excluded from reappraisal under California Constitution (Article 13A, Section 1) as written at the top of the form.

Signing Requirements

This document must comply with all California state laws. Therefore, when filling out the covenant, ensure you sign it and let a notary public put an official state seal. The Grantor should sign the form only in the presence of a licensed notary since the document requires notarization.

Recording Requirements

After notarization, it is necessary to send the form for review to the relevant authorities. California residents should file the papers with the local Register of Deeds.

At the same time, do not forget to send the documents to the respective local department dealing with property issues.

Wording Requirements

This form requires a legal description of the subject premises, the correct font, size, and format. When filling out grant deed documents, you must use the corresponding legal language. Do not include contradictory phrases, ambiguous words, and so lies or unaudited factual information. Otherwise, you will be liable for perjury.

Fees

When transferring grant property between married people, higher-level structures request additional recording fees (usually up to $75). Ensure you check the up-to-date amount, pay it time, and submit the receipt (if filing in hard copy) along with the application form.

How To Fill Out and File an Interspousal Deed in California

When completing this form, provide reliable information to avoid misunderstandings and possible errors. If you submit incorrect documents, the authorities have the right not to decline them.

1. Agree to the Terms and Conditions

You should start filling out the form by reading and accepting the corresponding transfer conditions. Just check the boxes as a sign of your consent.

2. Provide Basic Information

Next up, you should specify the general information about the property transaction, such as:

  • The Grantor’s and Recipient’s full legal names
  • Physical address
  • County and city where the property is located

Please ensure to check the submitted information for accuracy.

3. Indicate the Key Issues

Enter the appropriate amount of supplements and city taxes. Then, calculate and write the total value of the transferred real property, providing any other relevant property description in the blank lines.

4. Sign the Form

Write the current calendar date and append your signature to confirm your intentions to transfer the subject property. With your signature, you confirm that all the submitted information is reliable and authentic.

Published: Jul 28, 2021