Tip Sheet on Real Property Transfers between Spouses due to Divorce

Tip sheet on how to remove a former spouse, ex wife or ex husband as owner of real property in California due to divorce, judgment, court order, or marital agreement. DeedAndRecord.com is an independent website for real property transfer deeds and court orders to change ownership between husband and wife.

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Remove a former spouse as owner of real property

Irvine, California (PRWEB) July 09, 2012

DeedAndRecord.com is an independent website for real property transfer deeds and court orders to change ownership between husband and wife.

The problem
In a divorce ownership of real property of the marriage is awarded to one spouse. The spouse awarded the real property needs to obtain sole ownership on the public record to sell, refinance or borrow on the property. If title remains in joint tenancy the ex-spouse will automatically inherit the house on the death of the other spouse.

The solution
The non-owning spouse signs a deed conveying his or her ownership interest to the spouse awarded the real property. If the former spouse is not willing to sign the owning spouse can request the court to sign the deed. The deed transferring ownership has many names, quit claim deed, interspousal deed and grant deed. These deeds transfer ownership of property “as is.”

“As is” does not contain any implied warranties such as free and clear title or amount of debt. The spouse simple conveys whatever ownership he or she has along with any debt or loans secured by the property. It is important for both parties to known until the loan is refinanced the former owning spouse will remain as a debtor on the loan.

The deed is recorded with the county recorder in which the real property is located. There are no property tax, capital gains tax and estate tax consequences for transfers from one spouse to the other spouse due to divorce.

Company Profile
Deed and Record is an online service to prepare quit claim deeds for real property transfers into or out of trusts, remove former spouses and add or remove co-owners. The Company records deeds it has prepared with the appropriate government agency. Deed and Record does not offer legal advice or services.

The Company markets through websites, primarily DeedAndRecord.com. The owner of the websites is Mark W. Bidwell, Attorney at Law and CPA Inactive. The office is located at 18831 Von Karman Avenue, Suite 270, Irvine, California 92612. Phone number is 949-474-0961. Email is Mark(at)DeedandRecord(dot)com.

How Deed and Record can help
Title search for how title is held and legal description
Prepare quit claim deed or affidavit of death with legal description for signature
Prepare transfer tax exemption report to keep the deed free of transfer tax and property tax increases
File and record the deed and exemption report with the County Recorder’s office

The process
Call 949-474-0961 or email Mark(at)DeedAndRecord(dot)com . Information needed is: real property address, name of ex-spouse, name and address of owning spouse.
Make payment of $149. Cost includes all filing and research fees.
A quit claim deed and preliminary change of ownership report are prepared and sent to you by email or mail.
Document is signed and returned to Mark Bidwell, 18831 Von Karman Avenue, Suite 270, Irvine, California 92612.


Contact

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