Legal Question in Real Estate Law in California

These should be available online, along with the forms required to be filed with the deed when it gets recorded. However, I'd recommend having an attorney prepare them, as any mistakes could be costly to fix later.

A California-specific deed form should be used; it can be either a quitclaim deed or grant deed; the blanks need to be filled in VERY carefully and accurately, with particular attention to the legal property description. If either party acquired an interest under another name (e.g., if wife took title in her maiden name, that fact should be set forth in the granting clause. The Civil Code shows the preferred language at section 1092. You could look that up and word-process your own deed, but better to find a pre-printed or downloadable for that complies with CC 1092.

I'd advise clearing this with your lender, if any; you might be breaching or triggering a due-on-sale clause. When you record the deed, be sure the recorder is informed that this is an interspousal transfer, to avoid recording fees and possible reappraisal. There's a small possibility this transfer could have an income-tax effect, so ask your personal tax advisors. I assume the property is not in a trust.

A final suggestion is to consider having an escrow or title company do the paperwork for you for a modest fee.