Legal Question in Real Estate Law in California

Re: Adding Name via Interspousal Deed Which Exclusion Applies?

That would be fine in that box. The deed should also claim the exemption on its face. Here is what I put in my deeds just above the grant area:

There is no Documentary transfer tax due because this deed is an interspousal transfer, and there is no consideration for this transfer. Exemption from reappraisal occurs under Revenue & Taxation Code, Section 62(d).

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Reply Posted By:

Wayne V.R. Smith

Attorney at Law

P.O. Box 3219

Martinez CA 94553

Re: Adding Name via Interspousal Deed Which Exclusion Applies?

I read the previous answer. The deed will show from you, to you and your spouse, as husband and wife. If you want to add more that's fine. As for the additional sheet that you fill out to exempt the property from a Prop. 13 reappraisal I check every box I think may apply. Off hand don't recall what the sheet is named. If you really want to get smart. You'll look into doing a family trust, and putting the house into the trust. The trust package should include all the other powers of attorney, instructions, additional letters, etc. That are included in a professionally done estate planning package commonly called a family (inter vivos) trust.

Re: Adding Name via Interspousal Deed Which Exclusion Applies?

The deed should state that the transfer is exempt from tax, and the preliminary change of ownership report will have a box to check showing it's exempt as well.