How to Prepare a Quit Claim Deed After Divorce in LA County

Divorce can be a complicated process, especially when it comes to property division. If you and your spouse have a home and one of you is keeping it, completing a quit claim deed is often necessary. This guide will walk you through the steps of preparing a quit claim deed in Los Angeles County, ensuring that you understand the process and can navigate it smoothly.

What is a Quit Claim Deed?

A quit claim deed is a legal document used to transfer ownership of real estate from one party to another. In the context of divorce, it allows one spouse to relinquish their interest in the property, effectively transferring full ownership to the other spouse. This is crucial for clarifying ownership, especially when the divorce settlement specifies that one person will retain the home.

Where to Obtain the Quit Claim Deed

Before you start filling out your quit claim deed, you need to know where to find it. The best place to obtain this document is from the Los Angeles County website. Avoid purchasing forms from office supply stores like Office Depot, as they may not have the correct format. Instead, you can visit lavote.net and search for the quit claim deed form.

Accessing the Form

To find the quit claim deed, simply search for “quit claim deed” on the LA County website or follow this direct link: lavote.net/slocum-claim-dd-form-das.pdf. This form is essential for your property transfer process.

Completing the Quit Claim Deed

After you have the form, it’s time to fill it out. The process is straightforward, but it’s important to include all the necessary information to avoid any issues later on.

Step 1: Recording Request

The first section of the quit claim deed is the “recording requested by” section. This is typically filled out by the person who will receive the property. If you are the one keeping the house, you will complete this section with your:

• Name
• Address
• City
• State
• Zip code

Step 2: Conveyance Language

Next, you need to include specific language regarding the transfer. It’s crucial to type the following statement below the line that reads “Quit Claim Deed”:

This conveyance is in a dissolution of marriage by one spouse to the other pursuant to R&T 11927.

This statement ensures that there are no transfer tax implications or other financial consequences associated with the quit claim deed. It clarifies that one party is simply removing themselves from the deed.

Step 3: Transfer Tax Information

In the next section, you will indicate that there is no transfer tax. Fill in the relevant fields as follows:

• For “full valuable consideration,” write “NA.”
• For “release and forever quit claim to,” write the name of the party receiving the property.

Step 4: Property Description

Next, you must provide a description of the property being transferred. This includes the city and county where the property is located. It’s important to be accurate here to avoid any legal complications.

Step 5: Signatures and Notarization

Both parties must sign the deed. You’ll need to print your names, sign, and date the document. This section is also where the notary will seal the document, confirming that both parties signed it in their presence.

Additional Forms Required

In addition to the quit claim deed, you will also need to complete a Preliminary Change of Ownership Report (form BO-52). This form is also available on the LA County website and is necessary for the property transfer process.

Filling Out the Preliminary Change of Ownership Report

Here’s a quick overview of what you need to include in this form:

• Assessor’s parcel number (found on your deed)
• Seller or transferor’s information (the spouse relinquishing ownership)
• Buyer’s daytime phone number and email address (the spouse retaining ownership)
• Property address
• Mail property tax information to the buyer’s address
• Confirmation that this property is intended as the principal residence
• Date of occupancy (the original date the home was purchased is acceptable)

Final Steps: Filing the Documents

Once both forms are completed, you need to file them with the county recorder’s office. It’s advisable to do this in person rather than by mail to avoid delays. When you go, bring checks for the filing fees, as these can vary. It’s also a good idea to call the county recorder’s office ahead of time to confirm the current fees.

Why In-Person Filing is Recommended

Filing in person allows you to address any questions immediately and ensures that your paperwork is processed correctly. If there are issues with your filing fee or the forms, they can often be resolved on the spot, preventing any unnecessary setbacks.

Conclusion

Completing a quit claim deed after a divorce in Los Angeles County is a manageable task if you follow the outlined steps. By obtaining the correct forms, filling them out accurately, and ensuring everything is filed properly, you can make the transition smoother for both parties involved. Remember, this process is about clarity and ensuring that ownership is correctly established. If you have any doubts or need assistance, consider reaching out to a legal professional who specializes in family law.

For those navigating divorce in California, additional resources are available online, including californiadivorcetutor.com, where you can find do-it-yourself services and further assistance.