Legal Question in Family Law in California
How to properly complete a Interspousal Transfer Deed?
I was divorced from my wife about 2 years ago, and refinanced the home in my name only - however, my ex-wife's name is still on the deed of ownership, but not the mortgage . She would not remove her name from the deed of ownership to the house because she claimed she was owed more money from the divorce, which was provided to her from the home refinancing. I learned later from a lawyer that since I had paid for the down payment on the house from the sale of my condo, that she likely already received more than her fair share with the refinancing money.
From speaking to a lawyer, I understand that an Interspousal Transfer Deed is necessary to remove her name from the house's Deed of Ownership. Can anyone please show me a properly filled out example of this paperwork, or give me some well-written advice on what should exactly be filled out? I want to do this correctly the first time.
Many thanks.
2 Answers from Attorneys
Re: How to properly complete a Interspousal Transfer Deed?
You can't sign it, your wife has to sign it, so your knowing how to properly prepare an Interspousal Transfer Deed isn't going to solve your problem. Your wife can sign that or a Quitclaim Deed, she just needs to sign. You can get most notaries to prepare one for you.
If your divorce paperwork is in order, then it awards you the house, which requires your wife to sign off or be subject to santions, that is, monetary penalties. You can make a motion to the court to request penalties, but also request that the Court Clerk execute the deed.
Re: How to properly complete a Interspousal Transfer Deed?
You can't sign it, your wife has to sign it, so your knowing how to properly prepare an Interspousal Transfer Deed isn't going to solve your problem. Your wife can sign that or a Quitclaim Deed, she just needs to sign. You can get most notaries to prepare one for you.
If your divorce paperwork is in order, then it awards you the house, which requires your wife to sign off or be subject to santions, that is, monetary penalties. You can make a motion to the court to request penalties, but also request that the Court Clerk execute the deed.
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