California Transfer on Death Deed

CALIFORNIA QUITCLAIM DEED

[Two Married Couples to One Married Couple and One Individual]

Control Number: CA-032-77

I. TIPS ON COMPLETING THE FORMS

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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:

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

III. DESIGNATING HOW THE GRANTEES WILL HOLD THE PROPERTY:

A. In the State of California, real property can be held by more than one person (concurrent estates) in the following ways:

1. If the Grantees ARE NOT married to each other, they can hold the property as:

a. Tenants in Common: a type of concurrent estate in which each party owns an undivided interest in the property that will pass to their heirs when the tenant in common dies. Generally their shares are “equal” but may differ in size.

b. Joint Tenants with the Right of Survivorship (JTWROS): is a type of concurrent estate in which co-owners have a right of survivorship, meaning that if one owner dies, that owner's interest in the property will pass to the surviving owner or owners by operation of law, and avoiding probate.

2. If the Grantees ARE married to each other, they can hold the property as:

a. Tenants in Common – See above

b. Joint Tenants with the Right of Survivorship – See above

c. Community Property - a form of joint ownership of property between married individuals. When a married co-owner dies their share goes to their heirs as provided in their will or the laws of intestacy.

d. Community Property with the right of survivorship - a form of joint ownership of property between married individuals. When a married co-owner dies their share goes to the surviving spouse.

3. In the attached deed, the preparer will need to indicate how the Grantees will hold the property: as Tenants in Common; Joint Tenants with Right of Survivorship; community property or community property with the right of survivorship.

B. For additional information on the above see the definitions at:

http://lawdigest.uslegal.com/

C. For example:

“as ,”

“as ,”

IV. DISCLAIMER

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QUITCLAIM DEED

[Two Married Couples to One Married Couple and One Individual]

For a valuable consideration, receipt of which is hereby acknowledged,

and , Husband and Wife, and

and , Husband and Wife,

hereinafter referred to as “Grantors”, do hereby quitclaim unto

and , Husband and Wife, and , an Individual, as

hereinafter referred to as Grantees, the following lands and property, together with all improvements located thereon, lying in the County of , State of California, to-wit:

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

Legal Description:

WITNESS Grantor’s hands this the 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.

Names and address of the Grantors:

Name:

Address:

City/State/Zip:

Name:

Address:

City/State/Zip:

Name:

Address:

City/State/Zip:

Name:

Address:

City/State/Zip:

Name and Address of Grantees:

Name:

Address:

City/State/Zip:

Name:

Address:

City/State/Zip:

Name:

Address:

City/State/Zip:

EXHIBIT A

Grantors:

Grantees:

Legal Description: