Legal Question in Real Estate Law in California

I am filling out a quitclaim deed. It is for my husband to release his interest in our home to me. We are pending a divorce and I am trying to get a loan modification but the mortgage company will not consider my income alone unless my husband signs a quitclaim deed. I have a few questions:

1) What is the correct Revenue and Taxation code which exempts me from having to pay a Documentary Transfer Tax?

2) Since the current deed is in both of our names, would we BOTH be the Grantors and then MYSELF INDIVIDUALLY would be the Grantee? Or would we just show my husband as the Grantor and me as the Grantee?

3) Do I have to put a reason on the form for the property transfer?

4) For the property description, can I put "see attached" and attach a separate page with the property description?

Thank you,

Natalie Smith


Asked on 8/01/15, 4:02 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

1. I would rely upon Revenue & Taxation Code section 63 in your situation.

2. Either way would produce the same result, but be sure that the description of the property transferred (i.e., his half interest or a 100% interest) conforms to what the grantor(s) own(s). I think I'd prefer your second-described method, i.e., husband grants his right, title and interest to wife. The other method sounds like the technique used to convert a joint tenancy into a tenancy in common, which isn't what you're doing.

3. No, deeds don't usually discuss the grantor's motivation or reasons.

4. Yes.

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Answered on 8/02/15, 2:51 pm


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