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Interspousal transfer or Quit claim deed - Which is better?

Author: Jessica Bennet
Community Mentor
Ask Jessica
Posted on: 25th May, 2006 04:47pm
Interspousal transfer deed or interspousal transfer grant deed is a deed which is used to transfer property between spouses. It is mostly used in divorce cases when one spouse needs to transfer property to another and convert community property into separate property.


A quitclaim deed may also be used to transfer property but in case of transfer between spouses, an interspousal deed is preferred. However, whether it's a quitclaim or interspousal deed, neither of them can help one get rid of the mortgage obligation, if any, on the property.
Posted on: 25th May, 2006 04:47 pm
hello:

i'd like to add my husband's name to the property deed of our home, but i'm wondering if it's better to do an interspousal transfer deed or quit claim deed? what's the difference?

thanks!
Hi Cianos,

In case of a divorce a quit claim deed may prevent ex's heirs from claiming his shares after his death which can be avoided through an interspousal transfer deed.

The process is almost same as in quit claim deed. Get a form of the Interspousal Transfer Deed and together you need to sign it in the presence of a notary. After that get it filed with the help of your attorney.

Blue
Posted on: 25th May, 2006 04:57 pm
Hi Cianos,

I think you can opt for a quit claim deed to add your husband's name to the property interests.

But, it's better to seek suggestions from a lawyer before you do anything regarding the transfer.

Angel
Posted on: 25th May, 2006 05:09 pm
Hi Ciano,

Welcome to MortgageFit Forums.

Though I am not related to real estate legal matters but what I think is that in this case you need to go for a quit claim deed.

An Interspousal Transfer Deed is required when you need to transfer interests in the property as well as want to convert a community property into separate property.

So, while adding your husband's name to the property it won't be required to make your property a separate property. A simple quit claim deed under the guidance of an attorney will serve your purpose.

Always consult an attorney before you make any changes to the property title as real estate transfers are complicated and you should know from the beginning what you are doing.

God bless you.

For MortgageFit,
Samantha
Posted on: 25th May, 2006 05:19 pm
Once a Interspousal transfer deed is signed by spouse can they be added to the deed later and if so do you just go to county office and add. Also, once you sign the interspousal transfer deed does this take you off the mortgage responsiblity (California resident).
Posted on: 13th Jan, 2007 11:51 am
Hi Deborah,

Welcome to Mortgagefit forum.
"Also, once you sign the interspousal transfer deed does this take you off the mortgage responsiblity (California resident)."
Even if the property is transferred using a deed if you were one of the co-borrowers then you will remain liable for the mortgage. With the transfer of property, mortgage does not get transferred in the name of the other person.

To remove your name from the mortgage you will have to get the mortgage refinanced in the name of that person. This way you will not be responsible for the mortgage. One another method is known as novation which can also be used to transfer the mortgage. You should discuss these options with your lender.

Colin
Posted on: 13th Jan, 2007 12:25 pm
I have a house that is my sole and separate property. I am buying another house and I am in the middle of a divorce that has been going on for almost 2 years. If I buy this house will my soon to be ex have any interest in it? This is in California. His name is not on anything.
Posted on: 17th Jan, 2007 07:42 am
If you purchase the home with your separate funds and he is not included in the title of the new home then it will remain your separate property.

Louise Galvin
Posted on: 17th Jan, 2007 11:21 am
No Cupcake, I don't think your ex-spouse can have any interest in the new house until and unless he signs any legal document regarding the ownership of the property.

Thanks
Posted on: 18th Jan, 2007 02:32 am
I purchased a home while married. My husband executed an interspousal
transfer deed which was recorded. Grant deed is in my name as a married woman, as her sole and separate property. Does this mean that the home is solelymine and if the property is sold, the proceeds are my sole and separate monies?
Posted on: 05th Feb, 2007 10:32 am
If you are facing a divorce then the court decision will vary depending upon which state you live in, whether it is a community property state or not.

ben franklin
Posted on: 05th Feb, 2007 11:09 am
The use of interspousal transfer deed by your husband for the property transfer is known as transmutation of separate property to community property. This is a process by which a spouse can transfer whatever rights he/she may have over the property to the other spouse. As such all the proceeds, if the home is sold should be yours only.
Posted on: 05th Feb, 2007 11:41 am
Surfergirl, the interspousal deed helps to transfer property from one spouse to another and at the same time converts community property to separate property.

It seems that your husband has signed an interspousal transfer deed to hand over the property solely in your name. Hence you are the sole owner of the property.
Posted on: 06th Feb, 2007 03:59 am
we sold our house recently and looking at the new property report, it is now under the buyer's name (1 only) and the deed type as recorded is interspousal deed of transfer....can you explain what might have happened...i was expecting a grant deed instead...thanks
Posted on: 06th Feb, 2007 09:02 am
Hi Socalpilgrim,

Interspousal transfer deed is used when a property is transferred by husband or wife to the other spouse.

If you are selling your house to any third party buyer then such kind of deed is not used. You should talk with the attorney who helped you finalize the sale of the house about what actually happened.

Colin
Posted on: 06th Feb, 2007 10:37 am
what is the difference when you have the property classified as community property (50-50 ownership) as opposed to husband and wife (also 50-50)?

thanks.
Posted on: 07th Feb, 2007 01:08 pm
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