Deed and Record, New Service of Interspousal Quit Claim Deeds for California and Hawaii Real Estate Property

Share Article

Deed and Record ( offers new service, interspousal quit claim deeds, for family law court orders awarding real estate property in a decree of divorce. Deed and Record has the expertise to meet the unique requirements of the states of California and Hawaii.

Deed and Record ( offers new service for family law court orders awarding real estate property in a decree of divorce. Deed and Record has the expertise to meet the unique requirements of the states of California and Hawaii. Deed and Record is a complete service and includes:

  • Title search to determine the precise legal description of the real property, including map, block and lot number
  • Research to determine how title is held
  • Prepare the quit claim deed for signature
  • Prepare transfer tax exemption reports to keep the deed free of transfer tax and property tax
  • Filing the deed with the County Recorder's Office for California real estate property.

*Filing the deed with the Bureau of Conveyances for Hawaii real estate property.
interspousal grant deeds for Real Estate Property

One spouse is awarded real estate property pursuant to a court order from either a litigated judgment or marital settlement agreement. The process is not complete until actual title of ownership is changed in the public recorder. The non-owning ex-spouse transfers his or her interest to the owning spouse.

Transfer of ownership is by quit claim deed also known as an inter-spousal deed. To make the transfer a court order is needed. Often the transferring spouse is not comfortable signing of ownership interest until the judgment is obtained or the transfer document is overlooked or omitted from the judgment package. If the transfer deed has not been prepared at the time of judgment, it can be done any time after entry of judgment.

Deed and Record provides the documentation needed to complete the court order. Deed and Record files these documents with the appropriate government agency so the ownership change is on the public record.

California’s Recording System
California maintains ownership records by county. Each County in California is responsible for knowing who owns each and every real estate property within the boundaries of that County. The interspousal grant deed is filed with the County Recorder’s office.
Intersposual deeds in California are exempt from transfer tax and property tax base increase. The grant deed needs on its face a reference to the California tax law that exempts the deed from a transfer tax. The Preliminary Change of Title Report provides information to establish why the transfer is exempt from an increase in the property tax base. Deed and Record provides the transfer tax exemption law reference and the Preliminary Change of Title Report.

Hawaii’s Recording Systems :
Hawaii’s recording systems are complex. Documents are recorded either in the Land Court system, Regular system or both. When recorded in both land systems, documents are said to be recorded in the Double system. Deed and Record provides service to both the Land Court and the Regular System .

Interspousal deed transfers are exempt from transfer tax. But the exemption must be requested on a document Form P-64B “Exemption from Conveyance Tax.” Deed and Record prepares both the deed and Form P-64B.

Any real estate property recorded in the Land Court requires a Petition to the Land Court to recognize the divorce or dissolution of marriage. Hawaii no longer allows timeshares in the Land Court. Timeshares currently in the Land Court are removed as title is changed. This requires decertification of the timeshare. Deed and Record prepares the documents needed for the Land Court.

For more information

Additional quit claim deed services

Trust Transfer Deeds
Deed and Record prepares documents to transfer real property into a living trust. Any real estate property not in the trust is at risk for probate. A trust may be prepared. But the deed transferring ownership into the trust is needed.
For more information

Add or Remove Joint Tenant
If real property is held in joint tenancy, upon the death of a joint tenant, the deceased joint tenant’s interest ‘disappears’ and the survivor has sole ownership. The county recorder must be notified of the death and the public records updated. This is done with an “affidavit death of joint tenant.” Deed and Record has provided the affidavit for signature and recording.
For more information

Deed and Record provides quit claim deeds transfer of title for owners of timeshares. Quit claim deeds are needed to give away a timeshare; add or remove a joint tenant; add or remove a spouse and transfer the timeshare into a trust
For more information

# # #

Share article on social media or email:

View article via:

Pdf Print

Contact Author

Mark W. Bidwell
Visit website