Free Interspousal Transfer Deed Form

Need a sample interspousal transfer deed for transferring real estate between husband and wife? Get your free interspousal grant deed form here.

What You Should Know Before Using Our Interspousal Transfer Grant Deed

A specialized deed for transferring real estate between a married couple, you can make use of it to:

  1. transfer property to your husband or wife in a divorce settlement
  2. remove your husband or wife from the property title
  3. add your husband or wife to the property title as a co-owner

What makes this interspousal transfer deed a real gem are the tax benefits it offers. Under Section 63 of the California Revenue and Taxation Code, transferring real estate with this deed is not considered as a change of ownership. In other words, no taxes and no property reappraisal.

Take note: Even after transferring the property to your spouse and removing your name from the title, you may still be held responsible if he or she fails to make the mortgage payments. That is why it is essential to get your spouse to refinance the property in their own name.

*Make sure this form complies with your local real estate laws before using it. If you have any doubts, you can ask a real estate lawyer online.

RECORDING REQUESTED BY:
[Name]

AND WHEN RECORDED MAIL TO:
[Name]
[Address]


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Space Above This Line For Recorder's Use

Interspousal Transfer Grant Deed

A.P.N: _______________

This is an Interspousal Transfer under Section 63 of the Revenue and Taxation Code and Grantor has checked the applicable exclusion:

[     ] A transfer to a trustee for the beneficial use of a spouse, or the surviving spouse of a deceased transferor, or by a trustee of such a trust to the spouse of the trustor;

[     ] A transfer to a spouse or former spouse in connection with a property settlement agreement or decree of dissolution of marriage or legal separation;

[     ] A creation, transfer, or termination, solely between spouses, or any co-owner's interest;

[     ] The distribution of a legal entity‚Äôs property to a spouse or former spouse in exchange for the interest of such spouse in the legal entity in connection with a property settlement agreement or a decree of dissolution of a marriage or legal separation;

[     ] Other: _________________________________________________________________

For valuable consideration, receipt of which is hereby acknowledged, the Grantor ______________________________ hereby grant to the Grantee ______________________________ the following described real property in the City of _________________________, County of _________________________, State of _________________________:

Property Address:
___________________________________________________________________________

Legal Description:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________

Dated: _______________


Grantor Name: _________________________

Grantor Signature: _________________________


STATE OF _________________________

COUNTY OF _________________________

On this day, personally appeared before me, _________________________, to me known to be the person(s) described in and who executed the within instrument, and acknowledged that he/she signed the same as his/her voluntary act and deed, for the uses and purposes therein mentioned.

Witness my hand and official seal hereto affixed on this day of _______________, 20__.


Notary's Public Signature: _________________________

My commission expires _______________.

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