This form is a Quitclaim Deed where the Grantor is an Individual and the Grantee is an Individual. Grantor conveys and quitclaims the described property to Grantee. The form includes a specific waiver of any interest on the part of Grantor's spouse. This deed complies with all state statutory laws.
Rancho Cucamonga California Quitclaim Deed from Individual to Individual with Specific Waiver of Spouse's Interests
Category:
State:
California
City:
Rancho Cucamonga
Control #:
CA-02-77-A
Format:
Word;
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How to fill out California Quitclaim Deed From Individual To Individual With Specific Waiver Of Spouse's Interests?
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FAQ
A California quitclaim deed form is a special type of deed used to transfer real estate without making guarantees about title to the property. A person that transfers property by quitclaim deed makes no promises that he or she owns or has clear title to the property.
Property and debts acquired during a marriage are joint property in California. This means that each spouse has equal rights and responsibilities in the marital home and any mortgage that's secured by it. When a spouse signs a quit claim deed, he gives up all rights to the property.
Review the divorce decree to determine who gets the real estate. Obtain a copy of the prior deed to the property. Create a new deed to transfer the property as described in the divorce decree. Submit the new deed to the city or county land records for recording.
If the property is owned as joint tenants with rights of survivorship or as tenants by the entirety, the deceased owner's interest passes automatically to the surviving co-owner by operation of law. Generally, it is not necessary to have a new deed prepared removing the deceased co-owner.
Quitclaim Deeds in California Anyone can give someone a quitclaim deed, but if the grantor doesn't actually own the property, the deed is worthless. As the grantee of a quitclaim deed, you don't have the right to sue the grantor for damages, making a quitclaim deed risky.
If real estate qualifies as separate property, a married individual may take title in his or her name alone. The deed should recite that the property belongs to that spouse as separate property. Although not a strict legal requirement, it is best practice for both spouses to also sign a Separate Property Agreement.
In which of the following situations could a quitclaim deed NOT be used? c. The answer is to warrant that a title is valid.
The mortgage lender will then need to give you written consent in order to remove the other party from the deeds to your house. The lender will require the change in ownership to be carried out by a solicitor.
If the wife's name is not on the deed, it doesn't matter. It's still marital property because it was bought during the marriage. This makes it marital property and is still split between both parties. The wife is entitled to receive either equal share or equitable share of the house.
No, you cannot be removed from a deed without your express consent. If you hold title to a property and are listed as an owner on your deed, then your interest in the property cannot be transferred to another party without your knowledge.