Legal Question in Real Estate Law in California

Hi, My question is about an Interspousal Transfer Grant Deed. We are in California, and I would just like to add my wife to the deed/title of the house as Community Property With Right Of Survivorship. Already have the form. I will put in quotation marks what I plan to fill in, hopefully doing that right. In the part that says ~> For A Valuable Consideration, Receipt Of Which Is Hereby Acknowledged... Grantor "Joe Smith" Hereby Grants To "Joe Smith and Mary Smith, Husband And Wife, As Community Property With Right Of Survivorship" <~ Would that be acceptable to enter it that way? It goes on to ask about city/county/legal description etc., which is no problem to fill out. Just don't want to have this notarized, and have the county kick it back saying it's not the correct way to fill it out. Would both us need to be present for notarizing, or only the person on the deed? Also guessing I should check the box that says "A Creation, Transfer, Or Termination, Solely Between Spouses, Of Any Co-Owner's Interest"? Thank you very much in advance for any help! It is greatly appreciated by us! :)

Asked on 9/11/13, 4:27 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Mechanically, what you're doing sounds correct. Have you sought and obtained legal and/or financial advice as to your overall long-term goals and objectives? Among other things, maybe you should be putting the property into a revocable trust? If you have a loan, does transferring title trigger a due-on-sale clause?

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Answered on 9/12/13, 9:07 am
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Whipple. I do not have the document in front of me, but the language sounds correct. I don't think this will trigger a due on sale clause, but you may want to at least consult with an attorney first.

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Answered on 9/12/13, 9:10 am

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