Legal Question in Real Estate Law in California

trust to quit claim deed

My wife and I have an revocable trust. I want to quit claim our property in her name only. What is the proper wording for the deed and is there a special form

Asked on 11/10/04, 11:44 pm

3 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: trust to quit claim deed

Assuming you are transfering the property into trust just quitclaim the property to your trust and specify in your trust that the property is held as your wife's sole and separate property. If it's in the trust, don't transfer it out unless you are divorcing. Then simply have the deed recite the transfer to Firstname Lastname, as her sole and separate property.

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Answered on 11/11/04, 1:24 am

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

Re: trust to quit claim deed

Whenever a trust disposes of property, the action is taken by the trustee or trustees, not the beneficiary or beneficiaries. Even though these may be the same people in most cases of revocable trusts, the names and signatures must identify the grantor in his/her capacity as trustee, e.g. "John Doe, Trustee of the John Doe (or Jane Roe) Revocable Trust dated 01/01/2001."

It's important to review the trust document first to be sure who the trustee or trustees is/are, and if there are multiple trustees, whether one can act alone, whether the proposed transaction is consistent with the trust's purposes, etc.

If the house is transferred out of the trust and there is no other property in the trust, this may cause the trust to terminate (no longer exist).

Also keep in mind that there could be tax consequences of the proposed transfer. Before making the proposed transfer, you should be very certain that it's what you want to do. If the proposed transaction has anything to do with sheltering assets from creditors, please be advised there are laws such as the Uniform Fraudulent Transfer Act whereby the deal can be un-done for the creditor's benefit.

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Answered on 11/11/04, 12:04 pm
Michael Olden Law Offices of Michael A. Olden

Re: trust to quit claim deed

Years ago I would say absolutely. As time is progressed there is no question that you will have to defend any kind of lawsuit. Hopefully you have good insurance. Courts look at the whole situation to see if you were negligent or have not dealt with a dangerous condition applicable to your property. There may be some mitigating circumstances which would allow that the rancher or gassed cause their own problem. That would have to come out in discovery and be used as a tool in defense of their claim. In any venture insurance company will handle that for you. Implicit in your question is is there a difference between your rancher and their guests. Merely because their guests are not allowed on the property, I suppose, does not make your liability any less. If you're aware that your rancher had guests he should have done something affirmatively to get them out. And possibly evict your tenant for not following the lease and or the month-to-month written tenancy agreement. Now if there is nothing in writing, shame on you, go toward attorney who is an expert in real estate law/landlord-tenant and get good advice applicable to your situation so that this does not happen again.

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Answered on 11/12/04, 4:54 pm

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