Legal Question in Real Estate Law in California

Re: Quitclaim deed question

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Re: Quitclaim deed question

Since "submit" is not an action commonly spoken of in connection with deeds, I'll have to guess at what you plan to do, and hopefully you'll be able to find something useful in the answer, or perhaps you might re-ask the question or contact me directly. At various times deeds are "executed," "delivered," "recorded" or even "forged," and I can't tell whether you plan to give up your interest, acquire your parents' interest, or whatever.

Assuming you want to acquire your parents' interest, they should execute a quitclaim deed to you, and the deed should specify that you are a married man acquiring the transferred interest as your sole and separate property.

I suggest using an escrow or title company for this process, as they can handle the details of recording, getting the language and property description right, and so forth; also, you should consider getting title insurance.

There is another issue, and that is property taxes. You should take steps to assure that the transfer will not unnecessarily trigger re-appraisal of your parents' half (or whatever) interest. Many intra-family transfers are exempt from re-appraisal, but the notice and reporting rules vary somewhat from county to county, and you should get instructions from your county's appraiser, treaurer, tax collector or possibly the recorder before you prepare the deed.

Yes, it would be wrong (and pointless) to show yourself as single on a deed if you're not. The separate nature of the property can be reflected by the wording of the granting clause on the deed.