Legal Question in Real Estate Law in California

Real estate property (undeveloped land)

I was divorced in 1988 but my ex-husband and I are still on the deed for a piece of property as joint tenants--name removed--I am preparing a Quit Claim Deed which he has agreed to sign so that the property will be in my name only--name removed--My question is, since this is not a sale of the property, but rather a transfer, do I need to pay the transfer tax or can I check the box marked ''transfer is exempt fom the documentary transfer tax''--name removed--Also, the parcel is in an unincorporated area.


Asked on 9/11/08, 1:33 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Real estate property (undeveloped land)

Property transfers to carry out the terms of a divorce property settlement are exempt, so this transaction is exempt if it was ordered in or contemplated by your marital settlement agreement or decree of dissolution. It is not automatically exempt just because you used to be married.

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Answered on 9/15/08, 1:27 pm


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