California Interspousal Transfer Deed transmutation Form 2024

California Interspousal Transfer Deed transmutation Form: What You Should Know

A California Court of Appeals decision dated 11/21/2018 affirmed the decision of the Superior Court of the State of California that an interspousal transfer deed is a valid transmutation of the property where it is executed.  “The interspousal transfer deed is a transfer of property. A change in the land that the interspousal transfer deed describes is not a change in the ownership of the property. That distinction is emphasized throughout Cal. Family Code sections 556, 559 and 602.  The court held that the language and content of the interspousal transfer deed constitutes a change of ownership of the property, in whole or in part. On interspousal transfer deed forms, no consideration is specified for the transfer as a whole or in part. The California Family Code was amended on Nov. 28, 2017. It became a part of the California Code in 2006. It was re-enacted in 2004. This section was added to address a problem that arose when a landlord executed an agreement with a spouse without filing a separate deed. Section 602 states:  (1) When an interspousal sale has been finalized, or (2) the former spouse and the other party have filed a joint statement that they are divorced, and (A) the former spouse has not included in that joint statement the fact that the purchase was for the benefit of the former spouse or that the purchase was for the benefit of a third party who was the partner of either spouse at that time and who is not the spouse of the former spouse, the former spouse and the other party are each entitled to take and be entitled to receive all the interest, rents, and other property of the purchaser or of the partner, such right to receive all that property remaining undistributed after the division and satisfaction of all debts being divided and such rights with respect to the other property as the division would give to the former spouse. It is true that in a joint statement the former spouse does not provide that he or she will receive all that property. However, it is the former spouse who must provide that information. If there is a joint statement it is a good principle to obtain it if there is one as a condition precedent to the division.

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