California Deed Transfer Questionnaire

State:
Multi-State
Control #:
US-Q1010
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a transferring real property with a deed. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney's case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client's needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

Yes, depending on which purchase agreement is used. Except for the Vacant Land Purchase Agreement (VLPA), most other C.A.R. purchase agreements require delivery of the SPQ.

Today, Californians most often transfer title to real property by a simple written instrument, the grant deed. The word ?grant? is expressly designated by statute as a word of conveyance. (Civil Code Section 1092) A second form of deed is the quitclaim deed.

California Property Tax Planning under Proposition 19 If the LLC is the original owner, then as long as no new person gains more than 50% ownership/control of the LLC, then there will be no reassessment of the underlying property.

General warranty deed: A general warranty deed is the most common type of deed used to transfer fee simple ownership of a property. Unlike a quitclaim deed, a general warranty deed does confirm a grantor's ownership and a legal right to sell.

The general warranty deed assures the buyer they are obtaining full ownership rights without valid potential legal issues with the title. The general warranty deed is the most common and preferred type of instrument used to transfer real estate titles in the United States.

Prop. 19 would allow a property owner to transfer their low property tax up to three times. Second, Prop. 19 would limit the transfer of low property tax assessments from deceased owners to their children or grandchildren (if all of their children have already died), which current law allows.

The two most common documents used to transfer ownership are the Grant Deed and Quit Claim Deed.

California mainly uses two types of deeds: the ?grant deed? and the ?quitclaim deed.? Most other deeds you will see, such as the common ?interspousal transfer deed,? are versions of grant or quitclaim deeds customized for specific circumstances.

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California Deed Transfer Questionnaire