Los Angeles California Quitclaim Deed from Individual to Individual with Specific Waiver of Spouse's Interests

State:
California
County:
Los Angeles
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.

A Los Angeles California Quitclaim Deed from Individual to Individual with Specific Waiver of Spouse's Interests is a legal document used to transfer ownership of real estate property from one individual to another, while also waiving any potential claims or interests the transferring individual's spouse may have on the property. This type of deed is commonly utilized in situations where one spouse is solely owner of the property and intends to transfer their interest to another party without involving their spouse's rights or claims. The Los Angeles County, California, recognizes different variations of Quitclaim Deeds from Individual to Individual with Specific Waiver of Spouse's Interests. These variations might include: 1. Individual to Individual Quitclaim Deed with Specific Waiver of Spouse's Community Property Interests: This type of deed is executed when the transferring individual wishes to transfer their separate property interest in the real estate without affecting their spouse's community property rights. This deed ensures that the spouse's claim on the property is specifically waived. 2. Individual to Individual Quitclaim Deed with Specific Waiver of Spouse's Marital Rights: This variation of the Quitclaim Deed is used when the transferring individual wants to convey their interest in the property to another individual while expressly waiving any potential dower or courtesy rights that their spouse may have. 3. Individual to Individual Quitclaim Deed with Specific Waiver of Spouse's Homestead Rights: In this case, the transferring individual transfers their interest in the property to another individual while specifically waiving their spouse's homestead rights. This deed ensures that the spouse cannot claim any homestead rights on the property. 4. Individual to Individual Quitclaim Deed with Specific Waiver of Spouse's Future Interests: This type of deed is employed when the transferring individual wants to transfer their present interest in the property, but also wish to waive any future interests or claims that their spouse may have in the property. Executing a Los Angeles California Quitclaim Deed from Individual to Individual with Specific Waiver of Spouse's Interests requires the presence of both the transferring individual and their spouse, as well as a notary public to acknowledge the signatures. It is imperative to consult with an experienced real estate attorney or legal professional to ensure the proper completion and filing of this important legal document to avoid any future disputes or complications.

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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

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 California TOD deed form allows property to be automatically transferred to a new owner when the current owner dies, without the need to go through probate. It also gives the current owner retained control over the property, including the right to change his or her mind about the transfer.

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.

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.

If real estate qualifies as separate property, a married individual may take title in his or her name alone. The deed should recite that the property belongs to that spouse as separate property. Although not a strict legal requirement, it is best practice for both spouses to also sign a Separate Property Agreement.

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.

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.

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.

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.

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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The California quitclaim deed form gives the new owner whatever interest the current owner has in the property when the deed is signed and delivered. A completed Preliminary Change of Ownership Form pdf .Whether you're transferring property to someone or receiving the property, using the right type of deed in California is essential. Sacramento, CA 95814. A California quitclaim deed is used to transfer the interest that a person may have in a given piece of real estate to another person. California Probate Codes 13500- 13660 allow property of any value passing to a surviving spouse without a probate. Carefully plan out the ideal time to let your spouse know. Both the attorney and Executor are entitled to receive fees payable from the deceased person's assets (the "estate"). A Grant Deed or Quitclaim Deed is technical in nature. A Deed, which is not properly prepared, may be invalid.

However, by using the simplest of form or having your estate attorney perform the deed for you, you may be able to prevent this problem from occurring. The following are some typical forms that you can use for the California Quitclaim Deeds. A Preliminary Change of Ownership Form. A formal document which is used to inform heirs of a deceased person of the person who owns the property in a formal way and may be used while the person is still alive. Form #13500–13716 A Grant Deed or Quitclaim Deed A Short Form of Quitclaim Deed A California Probate Code Deed. The California Deed Form — Deeds may be executed by the Executor (executor's agent) or a licensed Attorney. A Probate Petitions. The court must consider the contents of a Petition, which lists all creditors of the deceased person who are owed a specific amount of money or property. A Change of Name. Once completed the person's name must be changed to the new name. Form 12005–12007.

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Los Angeles California Quitclaim Deed from Individual to Individual with Specific Waiver of Spouse's Interests