What You Need to Know About How to Fill Out an Interspousal Transfer Deed in California
An interspousal transfer deed can be filled out if one has all the necessary information. Here’s how to fill out an interspousal transfer deed in California.
An interspousal transfer deed is used between spouses or registered domestic partners to change real estate to or from community property. The deed should be filled out online, typed, or neatly written in dark blue or black ink. Specific information must be on hand when filling out an interspousal transfer deed.
What is an Interspousal Transfer Deed?
Any time owners make a change to the title of real estate, they must record a deed with their appropriate County Recorder. California mainly uses two types of deeds: the “grant deed” and the “quitclaim deed.” A grant deed is used when a person who is on a current deed transfers ownership or adds a name to the deed. A quitclaim deed is used when someone gives up ownership rights in favor of another person. The interspousal transfer deed is just a version of the grant or quitclaim deed customized for specific circumstances.
Related: What is an Interspousal Transfer Deed in California?
Interspousal transfer deeds make it clear that the transaction is intended to affect community property rights. This type of deed is used by spouses or domestic partners to change property from separate property to community property (by adding the spouse or domestic partners name to the deed), or from community property to separate property (by removing the spouse or domestic partner from the title, often because of a divorce).
Community property is property acquired during a marriage or domestic partnership (excluding inheritances or gifts) that is, by law, equally owned among spouses/registered domestic partners. Separate property is property acquired before marriage, property bought with funds acquired before marriage, and inheritances or gifts given to an individual spouse.
Related: Community Property Laws in California
How to Fill Out an Interspousal Transfer Deed
1. Find the current deed for the property.
The information from the current deed is needed. To receive a copy of the current deed, contact the Recorder’s Office where the property is located.
2. On a computer, or in print, take out a blank Interspousal Transfer Deed.
A copy of the form can be found here.
3. Determine how new owners will take the title.
There are a few choices for married couples or registered domestic partners if both individuals own the property. The choices are:
- “Community property,” where both spouses must agree to sell or to mortgage. At death, 50% of the property would go to the surviving spouse/domestic partner, and 50% would go to heirs.
- “Community property with rights of survivorship (WROS),” where both must agree to sell or to mortgage. In the case of a death, 100% of the property would go to the surviving spouse or domestic partner.
- “Joint tenants,” where if one spouse dies, then the surviving spouse gets 100%. The shares must be equal, and either spouse can sell their portion.
If left blank on the form, the default is “community property.”
If only one spouse or domestic partner owns the property because that person already owned it prior to marriage or because it was a gift or inheritance, they can make that clear by using the phrase “as his or her sole and separate property.”
The form of title an individual should use varies by circumstance. If a couple is married (or are registered domestic partners) and they own the property together, they may choose between “as community property with right of survivorship” or “as community property” for the form of title. If a couple is married (or are registered domestic partners) but the property only belongs to one individual, then the one filling out the deed should put “as a married person as his/her separate property,” for form of property.
4. Fill out the new deed.
The following information is needed:
- The Assessor’s Parcel number (which can be found on the current deed)
- The Document Transfer Tax amount or exemption code
- Names of “grantors” (the current owner(s) signing the deed) or of the disclaiming parties
- Names of grantees (all new and continuing owners)
- Forms of title the grantees will use (see above)
- The legal description of the property
Helpful Tips When Filling Out Interspousal Transfer Deed
- Under the Assessor’s Parcel number section, write in the number (can be found on the current deed).
- On the first line of the Document Transfer Tax section, write the amount of Document Transfer Tax due, or $0 if exempt. On the second line, if one is paying $0, put the California Revenue & Tax Code exempting them. On the third and fourth lines, one should write why they are paying $0. Otherwise, it should be left blank. On the last line, the filing spouse or domestic partner, or their agent, should sign their signature.
- In the section where one must check the applicable exclusion from reappraisal, check the appropriate box. If the couple or one spouse/domestic partner, is giving up all the rights to the other spouse/domestic partner, also check the last box to indicate a deliberate waiver of community property rights.
- In the proceeding section beginning with “GRANTOR(S),” write the name of spouses/domestic partners giving up property rights. Then, fill in the name of the spouses/domestic partners receiving property rights. Then enter the city name, and county name.
- Then, where it says “California (enter legal description),” enter the legal description as written on the most recent deed.
- Enter the date (of signature), the declarant must sign the form (in front of a notary), and print name. The grantor(s) must sign in front of a notary who will charge a fee for the service. A notary can be found at many banks and mailing services.
5. Fill out the Preliminary Change of Ownership Report (PCOR).
This form is required by the Assessor’s Office. Each county has its own form. Contact the assessor in the county where the property is located to obtain the proper form.
6. Record the deed and file the PCOR at the Recorder’s Office
The Recorder’s Office usually charges a recording fee.
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If you need help with filling out an interspousal transfer deed in California, get your free consultation with one of our California Property Division Attorneys today!