Life Estate Deed

CALIFORNIA QUITCLAIM DEED WITH RETAINED ENHANCED LIFE ESTATE

[Individual to Individual]

I. TIPS ON COMPLETING THE FORMS

The form(s) in this packet may contain “form fields” created using Microsoft Word or Adobe Acrobat (“.pdf” format). “Form fields” facilitate completion of the forms using your computer. They do not limit your ability to print the form “in blank” and complete with a typewriter or by hand.

It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the Forms toolbar. Look for the button on the Forms toolbar that resembles a shaded letter “a”. Click this button and the form fields will be visible.

By clicking on the appropriate form field, you will be able to enter the needed information. In some instances, the form field and the line will disappear after information is entered. In other cases, it will not. The form was created to function in this manner.

II. BASIS OF EXEMPTION FROM TRANSFER TAX

The following is a list of real estate transactions that are exempt from the documentary transfer tax:

1. Conveyance Confirming Title in Grantee:

“This conveyance confirms title to the grantee(s) who continue to hold the same interest acquired on Date , Document No. wherein $ Documentary Transfer Tax was paid, R & T 11911.”

2. Conveyance in Dissolution of Marriage:

“This conveyance is in dissolution of marriage by one spouse to the other, R & T 11927.”

3. Conveyance to Secure a Debt:

“This conveyance is to secure a debt, R & T 11921.”

4. Reconveyance upon Satisfaction of a Debt:

“This is a reconveyance of realty upon satisfaction of a debt, R & T 11921.”

5. Conveyances transferring Interests into or out of a Living Trust:

“This conveyance transfers an interest into or out of a Living Trust, R & T 11930.”

6. Conveyance Changing Manner in Which Title is Held:

“This conveyance changes the manner in which title is held, grantor(s) and grantee(s) remain the same and continue to hold the same proportionate interest, R & T 11911.”

7. Court Ordered Conveyances Not Pursuant to Sale:

“This is a court-ordered conveyance or decree that is not pursuant to sale, R & T 11911.”

8. Conveyance Given for No Value:

“This is a bonafide gift and the grantor received nothing in return, R & T 11911.”

9. Conveyance to Establish Sole and Separate Property of a Spouse:

“This conveyance establishes sole and separate property of a spouse, R & T 11911.”

10. Conveyance to Confirm a Community Property Interest when property was purchased with Community Property Funds:

“This conveyance confirms a community property interest, which was purchased with Community Property Funds, R & T 11911.”

11. Conveyances to Confirm a Change of Name:

“This conveyance confirms a change of name, and the grantor and grantee are the same party, R & T 11911.”

12. Conveyances of an Easement or Oil and Gas Lease Where the Consideration and Value is Less Than $100.00:

“This is a conveyance of an easement (Oil and Gas Lease) and the consideration and value is less than $100.00, R & T 11911.”

13. Conveyances Where the Liens and Encumbrances Are Equal or More Than the Value of Property, and No Further Consideration is Given:

“The value of the property in this conveyance, exclusive of liens and encumbrances is $100.00 or less, and there is no additional consideration received by the grantor, R & T 11911.”

14. Conveyances from a Trustee Under a Land Contract at the Consummation of the Contract:

“This is a conveyance of equitable title from a trustee, under a land contract, to the vendee at the consummation of the contract, R & T 11911.”

15. Conveyance from Individual(s)/Legal Entity(ies) to Individual(s)/Legal Entity(ies) Where the Grantors and Grantees Are Comprised of the Same Parties, and Parties Continue to Hold the Same Proportionate Interest.

(Exception: Dissolution of a Partnership. R & T 11925[b]): “The grantors and the grantees in this conveyance are comprised of the same parties who continue to hold the same proportionate interest in the property, R & T 11925(d).”

NOTE: IF the transfer qualifies for exemption under one of the above categories, this should be noted on the face of the deed in the space provided. For example:

This transfer is exempt from the documentary transfer tax based on:

III. DISCLAIMER

These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the subject state. All information and Forms are subject to this Disclaimer:

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QUITCLAIM DEED

[Individual to Individual]

Recording requested by:

And, when recorded, mail this deed and tax statements to:

Name:

City, State, & Zip:

Telephone:

TRA:

APN:

This transfer is exempt from the documentary transfer tax based on:

The documentary transfer tax is $

City Tax, if any: $

County Tax, if any: $

and is computed on:

the full value of the property conveyed.

the full value less the liens and encumbrances remaining thereon at the time of sale

The property is located in an unincorporated area or the city of

FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,

GRANTOR: , an individual, does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to

GRANTEE: , an individual,

The following described REAL ESTATE in County, in the State of California, to-wit:

See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full

Legal Description:

TOGETHER with all the estate and rights of Grantor in such property, with the following Reservations and Exceptions to Conveyance and Warranty:

All easements, restrictions, and reservations of record and taxes for the current and subsequent years.

GRANTOR reserves unto himself, for and during his lifetime, the exclusive possession, use, enjoyment, and right of income of the property described herein.

GRANTOR further reserves unto himself, for and during his lifetime, the right to sell, lease, encumber by mortgage, pledge, lien, or otherwise manage and dispose, in whole or in part, or grant any interest therein, of the property described herein premises, by gift, sale, or otherwise so as to terminate the interests of the GRANTEE, as GRANTOR in his sole discretion shall decide, except to dispose of said property, if any, by devise upon his death.

GRANTOR further reserves the right to cancel this deed by further conveyance, even to GRANTOR, which may destroy any and all rights which the GRANTEE may possess under this deed.

GRANTEE shall hold a remainder interest in the property described herein and upon the death of the GRANTOR, if the property described herein has not been previously disposed of prior to GRANTOR’S death, all right and title to the property remaining shall fully vest in GRANTEE as sole owner subject to such liens and encumbrances existing at that time.

IF GRANTEE fails to survive GRANTOR, this conveyance shall fail and will be null and void.

EXECUTED this day of , 20

A notary public or other officer completing the certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. CA. Civil Code § 1189

State of California

County of

On before me,

(here insert name and title of the officer), personally appeared

,

who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

EXHIBIT A

Grantor:

Grantee:

Legal Description: