Elk Grove California Quitclaim Deed from Individual to Individual with Specific Waiver of Spouse's Interests

State:
California
City:
Elk Grove
Control #:
CA-02-77-A
Format:
Word; 
Rich Text
Instant download

Description

This form is a Quitclaim Deed where the Grantor is an Individual and the Grantee is an Individual. Grantor conveys and quitclaims the described property to Grantee. The form includes a specific waiver of any interest on the part of Grantor's spouse. This deed complies with all state statutory laws.

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  • Preview Quitclaim Deed from Individual to Individual with Specific Waiver of Spouse's Interests
  • Preview Quitclaim Deed from Individual to Individual with Specific Waiver of Spouse's Interests
  • Preview Quitclaim Deed from Individual to Individual with Specific Waiver of Spouse's Interests
  • Preview Quitclaim Deed from Individual to Individual with Specific Waiver of Spouse's Interests
  • Preview Quitclaim Deed from Individual to Individual with Specific Waiver of Spouse's Interests
  • Preview Quitclaim Deed from Individual to Individual with Specific Waiver of Spouse's Interests
  • Preview Quitclaim Deed from Individual to Individual with Specific Waiver of Spouse's Interests

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FAQ

Property and debts acquired during a marriage are joint property in California. This means that each spouse has equal rights and responsibilities in the marital home and any mortgage that's secured by it. When a spouse signs a quit claim deed, he gives up all rights to the property.

A California quitclaim deed form is a special type of deed used to transfer real estate without making guarantees about title to the property. A person that transfers property by quitclaim deed makes no promises that he or she owns or has clear title to the property.

Today, Californians most often transfer title to real property by a simple written instrument, the grant deed. The word ?grant? is expressly designated by statute as a word of conveyance. (Civil Code Section 1092) A second form of deed is the quitclaim deed.

If the wife's name is not on the deed, it doesn't matter. It's still marital property because it was bought during the marriage. This makes it marital property and is still split between both parties. The wife is entitled to receive either equal share or equitable share of the house.

If the property is owned as joint tenants with rights of survivorship or as tenants by the entirety, the deceased owner's interest passes automatically to the surviving co-owner by operation of law. Generally, it is not necessary to have a new deed prepared removing the deceased co-owner.

A California quitclaim deed form is a special type of deed used to transfer real estate without making guarantees about title to the property. A person that transfers property by quitclaim deed makes no promises that he or she owns or has clear title to the property.

The mortgage lender will then need to give you written consent in order to remove the other party from the deeds to your house. The lender will require the change in ownership to be carried out by a solicitor.

Review the divorce decree to determine who gets the real estate. Obtain a copy of the prior deed to the property. Create a new deed to transfer the property as described in the divorce decree. Submit the new deed to the city or county land records for recording.

No, you cannot be removed from a deed without your express consent. If you hold title to a property and are listed as an owner on your deed, then your interest in the property cannot be transferred to another party without your knowledge.

California mainly uses two types of deeds: the ?grant deed? and the ?quitclaim deed.? Most other deeds you will see, such as the common ?interspousal transfer deed,? are versions of grant or quitclaim deeds customized for specific circumstances.

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Elk Grove California Quitclaim Deed from Individual to Individual with Specific Waiver of Spouse's Interests