A California interspousal transfer deed conveys interest in a property shared by a married couple to just one spouse. This conveyance instrument is commonly used in divorce proceedings, to shelter one spouse from the other’s poor credit should they wish to refinance their home, or to add a spouse to a property’s title. Unlike a quit claim deed, the interspousal transfer deed is usually exempt from property transfer taxes, potentially making it a more advantageous way to convey property between spouses or divorcees.
- Statutes: Chapter 2. Transfer of Real Property
- Formatting: § 27361.5, § 27361.6 & § 27361.7
- Signing Requirements (Cal. Civ. Code § 2952): Notary Public
- Where to record (§ 1169): County Recorder’s Office
- Recording fees (§ 27361): Less than $10 for the first page; cannot exceed $3 for each page thereafter, plus an additional $75 fee at the time of recording.
- Preliminary Change of Ownership Report (§ 480): This report must be filed with every deed where property changes ownership.