Wrong information for Interspousal Transfer Grant Deed?

Asked by Ryoohkicabbit15, Fremont, CA Fri Jun 29, 2012

Does the signer have to be married or previously been married when signing Interspousal Transfer Grant Deed? The document marks "From one spouse to another spouse." If the signer is not married previously, why would it be ''from one spouse to another spouse''?

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Steven Ornel…, Agent, Fremont, CA
Fri Jun 29, 2012
Ryoohkicabbit15:

An Interspousal Grant Deed is used to easily transfer real property between spouses so the property is not reassessed for tax purposes, you need to transfer interests in the property, and/or convert “community property” into separate property (California is a Community Property state).

Logically, I would think that in order to use an Interspousal Transfer Grant Deed both parties should still be married, or in the process of divorce without a formal divorce decree.

If you do not fall into the circumstances of the prior sentence it's time to start asking questions why this Deed type has been selected!

-Steve
0 votes
I think you should be talking to your Escrow/Title contact directly about this situation.
Flag Fri Jun 29, 2012
On the date it was signed, the signer was not married til the next day after. This document was filed by a notary as witness when the signer made her signature. Because this document was selected as "From one spouse to another spouse" and "Grantor, _name__, spouse of grantee" sounds like a spouse gave property to the signer and the signer granted her property to other people. If the signer was not married when this deed was signed, can this be a mistake and possibly sue the notary for not checking and make ascertion to that the signer was truely married? (like not checking ID of the credit card holder scenario).
Flag Fri Jun 29, 2012
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