Valley Legal Documents

(408) 892-4613 Northern California (310) 876-1085 Southern California
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Types of Deeds
Holding Title
TYPES OF DEEDS AND AFFIDAVITS
 

Grant Deed

This is the most common type of deed in use in California.  Typical private transactions that use this deed involve transferring property to other members of your family, or changing the way co-owners hold title to property (for example, from Joint Tenants to Tenants in Common).  Other transactions include transferring real property out of your trust, transferring your interest as a co-owner to another co-owner, or transferring real property to your LLC or business.

 

Interspousal Transfer Deed

An Interspousal Transfer Deed is used to transfer real property between spouses or former spouses.  Typically this type of deed is used in a divorce proceeding in connection with a property settlement or judgment awarding real property to one spouse.  It also may be used to create or transfer ownership between spouses.  In California, there is no Transfer Tax applied to a deed transaction between spouses or registered domestic partners.

 

Trust Transfer Deed

A Trust Transfer Deed transfers real property into your revocable living trust.  As Trustee of your trust, you retain ownership of your property held in your trust.  To refinance property you hold in trust, most lenders require that a Grant Deed be prepared transferring the property out of trust.

 

Quitclaim Deed

This is a deed that is used to release any claim and relinquish all rights that a person making the quitclaim may have to real property.  It does not warrant that the person making the quitclaim has a valid title, interest or claim to the specific property.  It is typically used when ownership of property may be uncertain, or where there may be a potential future claim to title for the property.  Examples of usage of a Quitclaim Deed include a person divorcing his or her spouse, or an inheritance that may be ambiguous.  In these cases, an individual with a possible claim agrees to release his or her claim.

 

Deed of Trust / Promissory Note

A Deed of Trust assigns real property as security for a loan.  It does not transfer real property ownership.  A Deed of Trust is usually accompanied by a Promissory Note that provides written evidence of the associated loan, and a promise to pay.  We offer the standard Long Form Deed of Trust and Assignment of Rents, which is typically used for private second or third mortgages.  We can also prepare the Fannie Mae / Freddie Mac Uniform Instrument Form 3005, which is typically used for first mortgages.

 

Severing Joint Tenancy

Sometimes people who hold co-ownership as Joint Tenants desire to end the Joint Tenancy and hold title instead as Tenants In Common.  For example, when a couple is separating or divorcing and before real property is disposed of, they may want to change the method of holding title so that one or either party can dispose of their own share according to their wishes.  We can prepare the documents to sever Joint Tenancy and a new deed to hold title as Tenants In Common.

 

Affidavits

An Affidavit may be used when a co-owner dies to show that title to real property has changed.  For example, when a co-tenant (or spouse) dies, an Affidavit Death of Joint Tenant (or Spouse) should be filed with the county recorder in which the real property is located.  Similarly, when a co-trustee of a trust dies, an Affidavit Death of Co-Trustee should be filed with the county recorder.  A Certified Copy of the Death Certificate of the deceased is also attached to these affidavits.

 

  

Please Call Us At (408) 892-4613 Or At (310) 876-1085 To Review Your Deed Requests

 

Or, please take a few minutes to tell us about your deed requests by completing the form below.  To protect your privacy, the completed form will be deleted from this web page after you submit it and the information is received by Valley Legal Documents.

 

First name
Last name *
Primary phone
E-mail address
Address of Deeded Property
Type of Deed / Comments
 

 

 

 

 

Valley Legal Documents LLC

Ph: (408) 892-4613

Ph: (310) 876-1085

Fx: (310) 876-1135

e-mail: deborah@valleylegaldocuments.com 

  

Disclaimer: Valley Legal Documents LLC is not a law firm.  We are not lawyers.  We cannot select legal forms for you.  We cannot provide legal advice or represent our customers in Court.  Valley Legal Documents LLC can only provide self-help services at your specific direction.