Deed to Add or Remove Names from Title to Real Property
A Grant Deed or Quitclaim Deed is technical in nature. A Deed, which is not properly prepared, may be invalid. The following is for general informational purposes only and should not be considered legal advice. Therefore, we suggest that you contact an attorney for legal advice on your specific situation.
There are a variety of Deed forms. They are available in stationery stores that carry legal forms. You must know the particular Deed form you need.
MANNER OF HOLDING TITLE
There are a number of ways to hold title to property: Joint Tenancy, Community Property, etc. Each has its advantages and disadvantages, depending on your marital status, tax bracket and estate planning, to name a few. You will need to determine the manner in which you need to hold title.
DOCUMENTARY TRANSFER TAX
Transfer Tax is collected by the Recorder’s Office when a Deed is recorded. The amount of tax is based on the value of the property. The Recorder’s staff can assist you in determining how much tax is due.
PRELIMINARY CHANGE OF OWNERSHIP FORM
The Assessor’s Office requires that a Preliminary Change of Ownership Form accompany each Deed when it is recorded. The Assessor’s Office can assist you in filling out this form.
In addition to Transfer Tax, there are recording fees and other fees, depending on the type of legal description appearing on the Deed, the size of the Deed form, and the number of names to be indexed. The Recorder’s staff can advise you about these fees.
Before a Deed can be recorded, the form will be examined for the following:
|Name(s) of grantor(s)
Description of property
Preliminary Change of Ownership
Legibility of the document
|Name(s) of grantee(s)
Documentary Transfer Tax declaration
Mailing address for tax statements
Notary acknowledgment requirements
Assessor’s Parcel Number