Legal Question in Real Estate Law in California

Signing the deed over to the spouse?

My husband wants to sign the deed to the paid off house over to me. We are getting a divorce. Where does one do such a thing?


Asked on 8/28/06, 3:37 pm

4 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Signing the deed over to the spouse?

Be sure that you have a marital settlement agreement first. Call me directly at 6192223504.

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Answered on 8/28/06, 8:59 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Signing the deed over to the spouse?

You don't need a lawyer to fill out, execute and record a quitclaim deed, but if you don't have guidance of some kind, the probability of a mistake is high.

The best advice I can give you is to obtain the services of one or more family-law attorneys to handle the entire matter for you; both termnation of marital status and property settlement. If the divorce is amicable, it is possible for a single attorney to handle the entire matter.

Couples with sufficient wealth to own a paid-off California residence are foolish to scrimp on costs by doing real-property transfers and/or a divorce without professional advice. For example, a timing mistake could trigger capital gains taxes that otherwise wouldn't be due.

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Answered on 8/28/06, 9:00 pm
Samuel Lovely Law Office of Samuel Lovely

Re: Signing the deed over to the spouse?

You need a lawyer to prepare a transfer deed. This will need to be done in conjunction with a judgment or at least a stipulation filed with the court in your divorce action. If you have yet to file for divorce, you'll need to do so.

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Answered on 8/28/06, 3:42 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Signing the deed over to the spouse?

The home at issue can have its deed transferred over from one party to the next very efficiently and effectively. You simply need to determine what type deed you want, have it delivered and accepted according to the law, and then filed at the county recorder's office. If you would like prompt, affordable, "headache free" legal assistance in this matter, contact us directly today for a free phone consultation.

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Answered on 8/28/06, 4:12 pm


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