Legal Question in Real Estate Law in California
Husband and wife are currently listed on grant deed as a married couple as joint tenants. Wife wants to remove herself from the grant deed so the property only belongs to the husband. They are not officially divorcing as of yet and their separation is informal, but she wants the property aspect taken care of as she no longer lives there and wants him to have it. Would this be proper wording on the Grant Deed?
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, I (We)
[husband's name] and [wife's name], a married couple, as joint tenants
hereby remise, release and grant to
[husband's name], a married man, as non community property
or should it be this instead:
hereby remise, release and grant to
[husband's name], a married man, as his sole and separate property
1 Answer from Attorneys
Before doing this, please consider whether there is an existing deed of trust against the property with a clause making it an act of default to transfer ownership (usually referred to as a "due on sale" clause). Also, check with your tax advisor on whether there will be any income tax or property tax impacts, and if so, that you understand them. As a technicality, keep in mind that it is the "title" and not a "grant deed" from which you'll be removing an owner's name -- deeds, once executed and delivered, can't be altered. Next, be absolutely sure the legal description of the property is copied accurately from previously-recorded instruments. Finally, I'd say the "sole and separate property" language is preferable.
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