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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.
Trustees Of A Trust Utilizing a revocable trust is the best way for a married couple to take title. Titling property in your trust avoids probate upon the death of both the initial and surviving spouses and preserves the capital gains step up for the entire property on the first death.
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 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.
The transfer deed is a legal document which officially transfers the ownership of a property. This deed is prepared as part of the transfer process and signed by all parties.
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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.
Adding a family member to the deed as a joint owner for no consideration is considered a gift of 50% of the propertys fair market value for tax purposes. If the value of the gift exceeds the annual exclusion limit ($16,000 for 2022) the donor will need to file a gift tax return (via Form 709) to report the transfer.
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.
The laws of most states require the use of warranty or special warranty deeds, while the laws in a few states, including California, permit the use of grant deeds. Although a special warranty deed could be used in California, it is neither necessary nor likely to be used.
The defining feature of a California grant deed form is a limited warranty of title. A person who signs a grant deed provides the new owner with a limited warranty of title. This means that the person who is transferring the property only guarantees that he or she has done nothing to convey the property to anyone else.

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