Interspousal Transfer Deeds in Orange County

An interspousal transfer deed changes property ownership between spouses. It can add a spouse to title, place a home in one spouse’s name, or carry out a property division during divorce.

For an overview of other deeds, see deed and property transfers in Orange County.

When Is an Interspousal Transfer Deed Used?

Common reasons include adding a spouse to title, establishing separate property, changing how spouses hold ownership, or transferring a home under a divorce settlement.

The deed may use grant or quitclaim language. Its wording should reflect the intended transfer, especially when changing community property into separate property. Restrictions may apply while a divorce is pending.

Does It Trigger Property Tax Reassessment?

California generally excludes transfers between spouses from reassessment, including qualifying transfers to a former spouse connected with a divorce settlement or court order. The County Assessor makes the final determination of whether the exclusion applies. Reassessment may occur if the transfer does not qualify.

A Preliminary Change of Ownership Report, or PCOR, generally accompanies the deed to explain the transfer.

Is Documentary Transfer Tax Due?

The transfer may qualify for an exemption. Documentary transfer tax follows separate rules from reassessment, and the recording documents should state the applicable exemption.

How Is It Recorded?

For Orange County property, the deed is submitted to the Orange County Clerk Recorder with the required notarized signatures, PCOR, and applicable fees. It must accurately identify the parties and include the property’s legal description.

The deed preparation page explains the documents involved in the recording process.

Frequently Asked Questions

Does the Deed Remove Someone From the Mortgage?

No. Changing title does not release a borrower from the loan. Mortgage responsibility must be addressed separately with the lender.

Do Both Spouses Sign?

The spouse transferring an interest generally signs before a notary.

Is Divorce Required?

No. An interspousal transfer deed can also be used during marriage.

Can the Transfer Be Reversed?

A voluntary transfer back generally requires another deed signed by the spouse who now holds the interest.

Get Started