Full question:
I am being requested to sign a Interspousal Transfer Grant Deed. It is being requested by a company called ' Chicago Title Company' to do the 'recording requested'. My wife says that this needs to be signed because she got into a real estate deal when she was single and because now that she is married, in order for her to sell this property, she says I need to sign this Interspouse Transfer Deed ordered by the finance group or Title Company. Is this really from the real estate group or did my wife request the company to do this so I would sign my rights away to her? I guess the question is, is this put out by a company or does a spouse have to request it for their own anticipated protection?
- Category: Real Property
- Subcategory: Deeds
- Date:
- State: California
Answer:
California is a community property state. In a divorce, the courts divide community property equally, after setting aside each spouse's separate property. Generally, property acquired during marriage is considered community property unless clearly stated otherwise or proven to be separate property through a written agreement.
An interspousal transfer grant deed transfers real property between spouses, often to avoid tax reassessment or to convert community property into separate property. It may also be used when one spouse has credit issues that could affect the other's ability to secure financing.
Without knowing all the details, it's unclear who initiated the request for the interspousal transfer deed. When a couple is married in a community property state, signing such a deed can convert property to separate property. If the property was purchased by one spouse before marriage and the other spouse hasn't contributed, it is typically considered separate property without needing to sign a deed.
Title companies may request an interspousal transfer deed to ensure that the spouse not named on the deed does not object to the sale or claim ownership rights that could complicate the transaction.
I recommend discussing this with your spouse, the title company, or consulting a local attorney who can review the specifics of your situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.