Legal Question in Real Estate Law in California

The easiest method is for your mother to quitclaim her interest to your father. Furthermore, this is an interspousal transfer so there will be no taxes. In the section denoting "transfer tax" on the deed, your mother should write "interspousal". You will need to insert the legal description of the property, as well as has it notorized.

This is a fairly simple procedure and you can find many forms and instructions online.

This type of transfer is called a "transmutation" and is covered by special provisions of the Family Code that were put in place a couple decades ago to reduce the possibilities of spouses committing fraud or making mistakes they would later regret.

Family Code section 850(a) authorizes the transmutation of community property to the separate property of either spouse. Section 851 makes transmutations subject to the laws against fraudulent transfers, i.e., makes unlawful any transfer entered into for less than fair value if the purpose or effect is to make it harder for a present or feared future creditor to get a lien on or levy against the property. Section 852 requires that transmutations be made in writing and in express terms; i.e. "pillow talk" doesn't count, and requires recording of real-property transmutations. Section 853 discusses the effect, if any, of transmutations attempted in a will.

Other practical considerations in doing a transmutation include getting the legal phraseology and property description correct in the deed, and whether there will be any tax effects, either property, gift or capital gains related.

By the way, "as joint tenants as community property" is probably an incorrect statement. Title is probably held as "joint tenants" or as "community property" or as "community property with right of survivorship," which most nearly resembles what you said.

I recommend that they consult with an attorney as to (1) the wisdom of doing this, and (2) the proper paperwork, which may include both a deed and a written declaration of your mom's intent to give up her interest in the property.

Finally, since most residential loans contain "due on sale" clauses that are probably triggered by such a transmutation, your parents should obtain the prior written consent of any lender holding a loan that might become immediately due and payable just because of the transfer. Lenders will often cooperate, sometimes for a modest fee, but they'll want to know what the heck is motivating the transmutation.