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Special Warranty Deed - Two Individuals to Husband and Wife - California

Special Warranty Deed - Two Individuals to Husband and Wife - California 2025

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The document is a California Special Warranty Deed form designed for the transfer of property from two individuals to a husband and wife. It includes instructions for completing the form, outlines exemptions from documentary transfer tax, and provides legal disclaimers regarding the use of the forms. The deed specifies that it conveys property as community property with rights of survivorship and includes sections for signatures, notarization, and a legal description of the property.

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Click ‘Get Form’ to open the Special Warranty Deed in the editor.
Begin by filling in the names of the Grantors (the individuals transferring the property) in the designated fields. Ensure that both names are clearly printed.
Next, enter the names of the Grantees (the husband and wife receiving the property). This section should reflect their legal names as they will appear on the deed.
Complete the property description section by providing a detailed legal description of the property being transferred. If you have an Exhibit A, attach it accordingly.
Indicate any exemptions from transfer tax by selecting from the provided options and entering relevant details where necessary.
Both Grantors must sign and date the document in their respective signature fields. Ensure that all signatures are legible.
Finally, review all entered information for accuracy before saving or printing your completed deed.

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Got questions?

We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

Should both spouses be on house title in California?

Like anyone else, married couples may hold title as joint tenants with right of survivorship or as tenants in common. But most married couples prefer to hold title as community property.

What is the best deed for a married couple?

Joint tenancy with right of survivorship (JTWROS) This is often considered the best title vesting for most married couples, but it also applies to family members planning to own a property together.

What is the best way to hold title for a married couple in California?

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.

What is the strongest form of deed?

General Warranty Deeds provide the highest level of protection to buyers and are typically used in traditional real estate transactions.

Should my husband put my name on the deed?

In community property states, such as California, if you acquired your home while you are married, the value of your home is equally shared between you and your spouse, whether your name is on the deed or not. This is the default situation and prevents one spouse from losing the home in the event of a divorce.

What does husband and wife as joint tenants mean in California?

Joint Tenancies are co-ownership interest in real property. A Joint Tenancy must include these four unities: Unity of interest: The interest of each owner is equal. Unity of time: The interest of the owners is acquired at the same time. Unity of possession: The owners have the right of survivorship.

What is the best title option for a married couple?

For instance, if youre married, the most common way to title your home is Tenancy by the Entirety (TBE). That endows survivorship rights, some creditor protection, and allows for transfers only with the consent of both spouses.

Why should both spouses be on a deed?

In certain situations, having one spouse on the mortgage and both on the deed is ideal. This is often the case where one spouse has very poor credit, such that listing that spouse on the mortgage will result in a much higher interest rate than simply listing the other spouse alone.

Special Warranty Deed - Two Individuals to Husband and Wife - California 2025

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