Posted on: 22nd Apr, 2008 08:42 am
hello! my father and mother are getting a divorce. my father and i own a house together. as part of the divorce, he's going to give his share of the interest in the house to me. my mother's attorney told me that he will draft a inter spousal transfer deed, but is this what i need to file with the county's assessors? i have read that the quit claim deed is for this kind of use. do i have to do the quit claim deed on my own? thanks.
Welcome senmikewang,
You have rightly heard; actually in your situation, it should be the quitclaim deed that needs to be signed over by your father. This is because the interspousal deed is involved in the transfer of property between spouses and not between father and son. A quitclaim or a grant deed would be appropriate here. Perhaps your mother's attorney is thinking that your father needs to transfer property to his wife first and then she'll give it to you. But he may not be aware that your mother doesn't have an interest in property.
You have rightly heard; actually in your situation, it should be the quitclaim deed that needs to be signed over by your father. This is because the interspousal deed is involved in the transfer of property between spouses and not between father and son. A quitclaim or a grant deed would be appropriate here. Perhaps your mother's attorney is thinking that your father needs to transfer property to his wife first and then she'll give it to you. But he may not be aware that your mother doesn't have an interest in property.
Hi senmikewang,
Interspousal deed doesn't fit into this situation. It's applicable when it comes to transferring property between two spouses. Therefore, I suggest your father should use a grant deed.
To know more on quitclaim deed , refer to the information available on this topic.
Good luck
Interspousal deed doesn't fit into this situation. It's applicable when it comes to transferring property between two spouses. Therefore, I suggest your father should use a grant deed.
To know more on quitclaim deed , refer to the information available on this topic.
Good luck