LDAs are not lawyers and do not offer legal advice, discuss legal strategies, answer questions of a legal nature, select forms for the consumer, or appear in court on the consumer’s behalf.

Property Transfer Questionnaire

We are not attorneys, we cannot advise, we can only provide self help services at your direction

  • IMPORTANT NOTE: Only by going through escrow and obtaining title insurance can the grantee(s) be assured as to the extent of liens, encumbrances, easements , etc., that could affect the title of the property being transferred. Furthermore, you are advised to consult an attorney for a full understanding of your rights and obligations under California laws regarding property transfers. The transfer of your property may result in gift taxes, the requirement that a gift tax return be filed, capital gains tax implications, the levy of a documentary transfer tax, may trigger a reassessment of your property, or may result in some other type of tax assessment. It is solely your responsibility to pay any applicable documentary transfer fees that may be levied or to pay any increased taxes in case of a higher property tax reassessment. Consult with a CPA or other tax professional if you have questions regarding the tax implications of this transfer.

  • Type of property

  • Single family Condominium Commercial Land Mobile Home Timeshare
  • Will this be a primary residence ? Yes No
  • Is the property a rental ? Yes No
  • Is there a mortgage on the property? Yes No
  • This may require Transfer tax calculation and lender approval of the transfer.

  • Interspousal Transfer

  • -Are you adding a spouse? Yes No
    Transferring to a spouse? Yes No
  • Divorced? Yes No
    is the divorce final? Yes No
    Spouses name to be added or removed

  • Parent to Child Transfer

  • Are you adding children? Yes No
    Are you adding grandchildren? Yes No
  • Or Transferring to children? Yes No
    -Or Transferring to grandchildren? Yes No
  • Is the transfer from Child to Parent Yes No
  • Are the parents/children/grandparents married, single or unmarried (married before, divorced, widowed)
    Would you like us to prepare a Claim for Reassessment Exclusion for Transfer Between parent/grandparent and child/grandchild? Yes No

  • Trust Transfer

  • Are you transferring to or from a Trust?

  • Legal Entity Transfer

  • Is this a transfer to or from an LLC or Corp? Yes No
    What is the name of the LLC or corp?
    We will need a copy of the LLC Operating Agreement or Articles of Incorporation
    Are the current owners and the members or officers of the entity the same? Yes No

  • Affidavit of Death

  • Are any owners Deceased? Yes No (If so we will need a certified copy of the death certificate.)
  • Would you like us to prepare the PCOR,Preliminary Change of Ownership form? Yes No (The county will charge $20 if this form is not submitted with deed.)

  • How would you like to hold title? Please see vesting chart attached and consult with an attorney or CPA with any questions.
  • Community Property (husband and wife only)
  • Community Property with right of survivorship (husband and wife only)
  • Joint Tenants
  • Tenants in Common:      State interest split (%)
  • If on title alone: (Man / Woman) Married Unmarried Single

  • DISCLOSURES

    Taxes: An LDA is not a real estate tax expert and can not advise on the estate or gift tax or property tax implications that may effect the client. It is recommended that the client seek the advice of a qualified real estate tax professional.

    Property taxes may be effected with a whole or in part transfer of real property.

    Transfer tax may be required to be paid with the recording of a deed under certain circumstances.

    Gift Tax may be applicable especially transferring property from a non-US citizen. Consult with a CPA.

    Language requirements If the individual signing documents and transferring property does not speak English, please inform us so we can provide a Notary Public fluent in the signor’s language.

    Lender Concerns: If a lender holds a lien on the property being transferred, They may have issue with transfer of interest in that property. It is best to consult with the lender in this matter.

    Title Matters: No title search in performed, no title insurance is provided, legal accuracy of documents drafted by LDA are based on information provided by client.

  • Common Ways to Take Title to California Residential Real Property
    • TENANTS IN COMMON JOINT TENANTS COMMUNITY PROPERTY COMMUNITY PROPERTY w/ RIGHTS OF SURVIVORSHIP
    Parties Any number of “persons” 1, may be legal entities, spouses or domestic artners Any number of “persons” 1, may be legal entities, spouses or domestic artners Only Husband and Wife or Domestic partners Only Husband and Wife or Domestic Partners
    Division Ownership can be divided into an % needed equal or uneqau. Ie: 80% / 20% or 70% / 30%, etc. Equal ownership no matter how many on title. Equal ownership between Husband and Wife Equal ownership between Husband and Wife
    Creation Multiple Conveyances – presumed equal interest ownership unless specified One conveyance creating equal interest – Vesting should specify joint tenants One conveyance – law presumes Community Property from marriage of domestic partnership One conveyance – spouses or domestic partners need to indicate consent on deed
    Possession & Control Equal Equal Equal Equal
    Transferability Individual owners may transfer or mortgage their interest. 3 Individual owners may transfer interest but Tenants in Common vesting results. 3 & 4 Both on title must consent to transfer or mortgage Both on title must consent to transfer or mortgage
    Liens Against Owner One owner's interest not subject to liens of other owner unless spouse or domestic partner – forced sale can occur. 4 One owner's interest not subject to liens of other owner but forced sale can occur if prior to co-owners debt. Debt of either spouse can be satisfied with forced sale of property. Debt of either spouse can be satisfied with forced sale of property.
    Death of One Owner Decedents share of property passes to heirs by will or intestacy Right of Survivorship – decedents share of property automatically passes equally to others of title Decedents ½ share of property passes to spouse or domestic partner unless devised by will. Right of Survivorship – decedents ½ share of property automatically passes equally to spouse or Domestic partner on title.
    Advantages / Disadvantages Interests of owners on title may be transferred separately. 2 Survivorship avoids probate but spouses may have tax disadvantages. Legal survivorship rights; Consent required for transfer; tax advantages may exist for spouse or domestic partners. 2 Rights of survivorship; Consent required for transfer; tax advantages may exist for spouse or domestic partners. 2
  • 1. “Persons” include a living person or legal entity such as a corporation, partnership, LLC.
  • 2. Benefits are the same for domestic partners meeting California statutory requirements excempt certain tax benefits.
  • 3. To meet some title insurance requirements, transferes by married couples or domestic partners may require a quitclaim or interspousal grant deed.
  • 4. Property may be subject to definition of community property requiring consent of both on title if owners are married or domestic partners.
  • THE PRECEDING IS FOR GENERAL INFORMATION ONLY. IT IS RECOMMENDED THAT YOU CONSULT WITH A QUALIFIED ATORNEY,
  • REAL ESTATE ACCOUNTNAT OR CPA FOR ANY SPECIFIC ADVISE REGARDING VESTING.

    • Please choose Document Requested Below

  • Grant Deed (GD)
    It is the form of deed, common in California, which contains implied warranties to the effect that the grantor has not previously conveyed or encumbered the real property. This document is used to transfer ownership of property, add individuals to and remove individuals from title to property, transfer ownership of property to individuals and entities such as trusts and to change and or correct names on title.
  • Interspousal Grant Deed (IGD)
    One spouse signs an IGD to relinquish and legal right to property ownership so other spouse can take title alone as sole and separate property. Usually used to access better credit on a mortgage to secure the loan for purchase of real property. Removed spouse can be added to title after transaction complete with lenders approval.
  • Quitclaim Deed
    Recorded to correct any error in previously recorded documents.
  • Correction Deed
    It is the form of deed that conveys or releases any interest that the grantor may have acquired in real property. Title companies and lenders have had concerns with this type of deed if found in chain of title of properties.
  • Preliminary Change of Ownership form (PCOR)
    This form is used as a data entry form for the county with any transfer of property. It provides the county with all pertinent information regarding the property transfer so as to record that transfer properly. BOE-502-A
  • Claim for reassessment exclusion for transfer between parent and child
    This form is submitted to the County Assessor after a deed is recorded transferring property from parent to child or child to parent to claim eligibility for exclusion of reassessment of property taxes. BOE-58
  • Transfer On Death Deed (TODD)
    Recording it with the County Recorder’s Office, you name a person or people to receive the property upon your death – the beneficiaries. Unlike a joint tenant deed, the TODD deed can be revoked if you change your mind.
  • Note
    An extended form of an IOU from one party to another that enables a payee to receive payments, possibly with an interest rate attached, over a set period of time, ending with the date at which the entire loan is to be repaid. Loan notes are usually provided in lieu of cash at the payee's request.
  • Deed of trust / Mortgage
    An instrument that secures a debt, the repayment of the loan/mortgage encumbered by real property. This is a three party document; the borrower (trustor), the beneficiary (lender), and the trustee who holds title to real property under the terms of a deed of trust.
  • Substitution of Trustee
    A document through which the lender (beneficiary), owner, or holder of the note (loan) replaces a new Trustee in the Deed of Trust.
  • Re-conveyance
    The instrument that releases the loan that was a lien against real property.
  • Substitution of Trustee & Full Reconveyance
    A combined document where the lender substitutes a new Trustee and the new trustee executes the Reconveyance or releases the loan that was a lien against real property.
  • Request for Notice of Default
    A document whereby the junior lenders require the senior lender to notify them when the borrower defaults on their loan.
  • Power of Attorney
    A document recorded to delegate the authority of the principal to his attorney-in-fact (agent) authorizing another person, to act for him/her in his/her name in a designated capacity and sign documents appropriate to the particular transaction.
  • Declaration of Homestead
    A document recorded by either a homeowner or head of household on his primary residence to protect his home from forced sale in satisfaction of certain types of creditors’ claims.
  • Affidavit of Death
    A document recorded to verify the death and identify the decedent as a former interest holder in specifically described or referred to real property.
  • Mobile Home Package: Rg Crd App; Dpl Cert app; Trnsfr frm; POA
  • The preceding is a list of some documents that may be recorded if they meet all requirements, and a description or definition of each document. The descriptions are general and are not intended to be complete legal definitions. If you wish to use any particular document, we suggest that you consult a real estate professional or an attorney.

  • ACKNOWLEDGMENT AND AUTHORIZATION

    INSTRUCTIONS TO THE LEGAL DOCUMENT ASSISTANT (LDA):

    You are hereby instructed to prepare my documents as instructed by me. You are to make NO EXAMINATION OF ANY RECORDS. You are expressly RELIEVED OF ANY LIABILITY for the condition of title to the property and for the validity or sufficiency of my instructions. This waiver applies to all documents that accompany the documents to be recorded, including but not limited to the Preliminary Change of Ownership form and Claim for Reassessment Exclusion forms(s).

    I understand that the Legal Document Assistant preparing my documents is NOT an attorney, cannot select forms and DOES NOT give legal advice. I hereby direct the Legal Document Assistant to type and perform certain services as outlined in the Contract for Services which we each executed regarding this matter. I further declare that the foregoing information which I have provided is, to the best of my knowledge, true and correct.

  • Accept the acknowledgement an authorization(Mandatory)
    • Just check on this box below to verify *