Legal Question in Real Estate Law in California

What form my spouse needs to sign to release her interest in my property?

My parent has transferred their house under my name. I am married and vested the property as married woman as her sole and separate property. My parent wants to make sure my husband has no interest of the property. I heard from a friend that my husband needs to complete and sign INTERSPOUSAL TRANSFER GRANT DEED form. Is that correct?


Asked on 5/04/09, 2:03 am

2 Answers from Attorneys
Phunphilas Viravan Law Offices of Phunphilas Viravan

Re: What form my spouse needs to sign to release her interest in my property?

Quitclaim Deed is the typical form used for one spouse to relinquish any and all interest in the property.

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Answered on 5/04/09, 3:34 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: What form my spouse needs to sign to release her interest in my property?

A grant deed is inappropriate because it carries with it warranties that the grantor had good title at the time of the grant. A quitclaim deed is appropriate. Whether ANY deed is necessary is questionable, because under the circumstances described your husband doesn't have any interest, but if he'll cooperate by executing a quitclaim without creating stresses in the marriage, then by all means obtain and record one.

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Answered on 5/04/09, 11:20 am


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