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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.
Upon death of one spouse/domestic partner who leaves a will, devisees or heirs become tenants in common, otherwise, sur- vivors spouse/domestic partner continues to own entire title, including that of the decedent. Heirs or devisees have rights in partnership in- terest but not in specific property.
The Grant Deed (also purchasable at most office supply or stationery stores) is completed and signed by the grantor, whose signature must be docHubd. If you determine there is no documentary transfer tax required, an exemption statement must appear on the document.
Grant deeds and quitclaim deeds serve the same purpose of transferring ownership of real property in a legal manner. Both are equally effective.
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.
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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.
How to Fill Out an Interspousal Transfer Deed Find the current deed for the property. On a computer, or in print, take out a blank Interspousal Transfer Deed. Determine how new owners will take the title. Fill out the new deed. Fill out the Preliminary Change of Ownership Report (PCOR).
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.
Property can be transferred between two spouses to one spouse, or from one spouse to the other, by using this type of deed. Interspousal deeds can be used in other ways as well. For example, a mortgage lender may ask the spouse of the borrower to sign an interspousal transfer deed.
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.

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