This Grant Deed is needed when an individual wishes to grant certain property to a Husband and Wife. Upon signing this form, the Husband and Wife will be the sole owners of the property granted to them by the individual.
San Jose California Grant Deed from Individual to Husband and Wife
Category:
State:
California
City:
San Jose
Control #:
CA-01-78A
Format:
Word;
Rich Text
Instant download
Description
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How to fill out California Grant Deed From Individual To Husband And Wife?
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FAQ
Interspousal Agreement. A written document, signed by both members of a married couple, which declares their intent to separate community property or otherwise transfer property between them.
An interspousal transfer deed, more technically called an interspousal transfer grant deed, is a legal document used to give sole ownership of shared property, such as a house, to one person in a marriage. They are commonly employed in divorce cases to transfer community property to one spouse.
The easiest way to grant your spouse title to your home is via a quitclaim deed (Californians generally use an interspousal grant deed). With a quitclaim deed, you can name your spouse as the property's joint owner. The quitclaim deed must include the property's description, including its boundary lines.
In California, quitclaim deeds are commonly used between spouses, relatives, or if a property owner is transferring his or her property into his or her trust. A grant deed is commonly used in most arms-length real estate transactions not involving family members or spouses.
A grant deed is a form of deed common in California, which contains implied warranties to the effect that the grantor has not previously conveyed or encumbered the property.
The California TOD deed form allows property to be automatically transferred to a new owner when the current owner dies, without the need to go through probate. It also gives the current owner retained control over the property, including the right to change his or her mind about the transfer.
To do this in California, you will need a copy of the current deed ? for San Francisco property, visit the assessor-recorder's office in city hall ? as well as a preliminary change of ownership report form and a new grant deed form. You can find the forms online at a court or county law library website.
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.
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.
Both types of legal documents serve the same function of transferring ownership of real property. The fundamental difference between quitclaim deeds and grant deeds is the level of protection and warranty provided to the grantee.