"Remove a former spouse, ex wife or ex husband as owner of real property due to divorce, judgment, court order, or marital agreement..."
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 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. 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 appropriate state department.
There are no property tax, capital gains tax and estate tax consequences for transfers from one spouse to the other due to divorce.
What we do
Title search for how title is held and legal description
Prepare quit claim deed 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 appropriate government entity
Call 949-474-0961 or email Mark@DeedAndRecord.com. Information needed is: real property address, name of ex-spouse, name and address of owning spouse.
For California real property make payment of $149. Cost includes all filing and research fees
For Hawaii real property and timeshares make payment of $249. Cost includes all filing and research fees
You are sent by mail or email the quit claim deed and preliminary change of ownership report
Document is signed and returned to Mark Bidwell, 18831 Von Karman Avenue, Suite 270, Irvine, California 92612
Document is recorded and returned to you with recorder’s stamp and document identification number
Severing Joint Tenancy during Divorce in California In California every proceeding for nullity, dissolution, or legal separation, four standard mutual temporary restraining orders are automatically effective. The orders bar both parties from transferring, encumbering, hypothecating, concealing, or disposing of any real property.
Severing joint tenancy does not violate the automatic restraining orders. One spouse may change how title is held from that as a joint tenant to a tenant-in-common. This is according to the Appellate Court in Estate of Mitchell.
“We will hold that the severance of a joint tenancy by recording a declaration of severance is not a "transfer" or a "disposition" of "property." Accordingly, such a severance does not violate either the automatic temporary restraining order in a dissolution proceeding or a similarly worded court-ordered temporary restraining order or preliminary injunction.” Estate of Mitchell (1999) 76 Cal.App.4th 1378
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Questions? E-mail to Mark@DeedAndRecord.com or call 949-474-0961