Deeds for California Real Estate

Venue:

Description:

Whenever you transfer real estate in the Golden State, you need a new deed. Deeds for California Real Estate shows you how to choose the right kind of deed, complete the required forms, then file them with the County Recorder.

This book also shows you how to:

• change the way you hold title to real estate—for example, from a "joint tenancy" to the new “community property with right of survivorship”
• add someone to the title of real estate you own
• transfer real estate into, or out of, a revocable living trust
• use real estate as security for a loan
• buy out a co-owner of real estate

Deeds for California Real Estate also explains:

• disclosure requirements
• community property rules
• the tax and estate planning aspects of property transfers

Table of Contents

1. How to Use This Book

1. What This Book Helps You Do
2. When You'll Need More Help
3. Common Kinds of Transfers

2. An Overview of Real Property Transfers

1. Transfer Checklist
2. Understanding Basic Terminology
3. Encumbrances
4. Property Tax Reassessment
5. Gifts of Real Property: Federal Gift Tax
6. Disclosure Requirements
7. Documentary Transfer Tax
8. Transfers Before Bankruptcy
9. Do You Need a Title Search and Title Insurance?

3. Who Must Sign the Deed?

1. Transfers From Married Persons or Domestic Partners
2. Transfers from Unmarried Co-owners
3. Transfers From Trustees
4. Transfers of Partnership Property
5. Transfers of Corporate Property
6. Transfers of Limited Liability Company Property
7. Owners Who Can't Sign a Deed
8. Persons Who Have Executed a Power of Attorney

4. How Should the New Owners Take Title?

1. Transfers to One Unmarried Recipient
2. More Than One Unmarried Recipient
3. Transfers to Married Recipients
4. Transfers to Partnerships
5. Transfers to Corporations
6. Transfers to Limited Liability Companies
7. Transfers to Minors
8. Transfers to Living Trusts

5. Deeds of Trust

1. How Trust Deeds Work
2. How to Fill Out a Trust Deed and Promissory Note
3. Reconveyance

6. Preparing Your Deed

1. What Kind of Deed to Use
2. Preparing a Grant or Quitclaim Deed
3. Checklist for Preparing a Grant or Quitclaim Deed
4. Revoking a Deed

7. Recording Your Deed

1. The Real Property Recording System
2. How to Record Your Deed
3. Recording Checklist

8. When You Need An Expert

1. Where to Go for Help
2. Accountants
3. Lawyers
4. Doing Legal Research Yourself

Glossary

Appendix: Tear-Out Forms

1. Grant Deed (2 copies)
2. Quitclaim Deed (2 copies)
3. Deed of Trust
4. Promissory Note Secured by Deed of Trust (2 copies)
5. Real Estate Transfer Disclosure Statement
   Natural Hazard Disclosure Statement
6. Form for Acknowledgment: Military Personnel
7. Declaration of Exemption from Documentary Transfer Tax: Gift of Real Property
8. Declaration of Exemption from Documentary Transfer Tax: Division of Marital Real Property
9. Local Option Real Estate Transfer Disclosure Statement

Index