Quitclaim Deed from Husband and Wife to Husband and Wife and Husband and Wife (Two Couples) - California 2025

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quitclaim deed. The main difference between an interspousal transfer deed and a quitclaim deed is that, when using a quitclaim, the spouse who is giving up their interest in the shared property may still be liable for the mortgage or other debts associated with the property.
The quitclaim deed simply transfers any interest they may have to the other party. Because of the lack of title guarantees, quitclaim deeds are most often used to transfer property between two parties who know and trust each other, such as family members.
In California, spouses have equal rights and responsibilities about the marital home and any mortgages that bind it: debts and property. The spouse gives up all rights to the property when he signs a quit claim deed but does not give up any responsibilities for the mortgage.
This is a pretty easy process. You do not need a lawyer. You simply need to sign a quit claim deed transferring an undivided 50% ownership in the property to your wife. The deed needs to be witnessed, notarized, and then recorded in the real property records of the city/county in which the property is located.
The divorce decree and quitclaim deed dont override each other, they work separately. He can quitclaim the deed to you, which may be required for you to get a new loan in your own name. If he does that, it doesnt mean the divorce decree stops working - youre still obligated to give him the equity.