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California Quitclaim Deed From Two Married Couples to One Married...

Title Vesting Options For Married Couples In California

Name: Chula Vista California Quitclaim Deed From Two Married Couples to One Married Couple and One Individual
Brand: US Legal Forms
Rating: 4.83 (431 reviews)

Category:

California Real Estate - Deeds - Quitclaims

State:

California

City:

Chula Vista

Control #:

CA-032-77

Format:

Instant download

Description

This form is a Quitclaim Deed where the grantors are two married couples and the grantees are a married couple and an individual. Grantors convey and quitclaim the described property to grantees. Grantees take the property as tenants in common or as joint tenants with the right of survivorship. This deed complies with all state statutory laws.

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FAQ

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.

In California, quitclaim deeds are commonly used between spouses, relatives, or if a property owner is transferring his or her property into his or her trust. A grant deed is commonly used in most arms-length real estate transactions not involving family members or spouses.

In short, you cannot remove someone from a deed without their knowledge and express consent. Doing so without their consent can typically only be done through fraud or forgery, which is illegal. Further, an illegally-recorded deed is void and can easily be disputed and set aside by a court.

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.

The lender will need to be satisfied that you will be able to afford the mortgage as the sole mortgagor. 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.

By completing a quit claim deed, the owner quits his interest in the home. Obtain a quit claim deed.Fill in the names.Copy the legal description from the current deed.Fill in the tax assessor's parcel number space located near the top of the deed.Insert special clauses.

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.

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.

The only way to forcibly change the ownership status is through a legal action and the resultant court order. However, if an owner chooses to be removed from the deed, it is simply a matter of preparing a new deed transferring that owner's interest in 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.

Interesting Questions

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Q: Will a quitclaim deed release me from the mortgage obligation? Sunday, September 7, 1986 HMiilw.R 7, H( omes 'Owning After deciding to buy real estate,, buyers must choose between six different ways to hold title. Court of Appeal, Fourth District, Division 1, California. Although prehistoric people undoubtedly hunted game, gathered. A Final Report to the Texas Department of. In 2008 when title theft was still uncommon, the FBI posted a notice about this house stealing scam, telling homeowners what to watch out for. Board of Equalization. Garrett Avenue, Chula Vista, CA 91910, during normal business hours. Sites of National City and Chula Vista.

Title Vesting Options For Married Couples In California

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FAQ

What is the most commonly used deed to transfer property in California?

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Can you remove someone from a deed without their knowledge in California?

Does a spouse have the right to property after signing a quit claim deed in California?

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Interesting Questions

What is a quitclaim deed and why would two married couples transfer their property to another married couple and an individual in Chula Vista?

Can I use a quitclaim deed to transfer a property to someone else without any guarantees?

Is a quitclaim deed the best option to transfer property in Chula Vista?

Do I need a lawyer to prepare a quitclaim deed in Chula Vista?

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