Real Estate Transfer Request

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Why do you want to change ownership of your property? Some situations might be described as, "I am adding my child for refinancing purposes," or "I am getting divorced and we are dividing our assets."

If you have a current copy of your deed to be changed, please scan and upload it here.

Drop files here or

Max. file size: 256 MB.

If you do not have a current deed, we will obtain this for you for $10. We will obtain information about the property from the current deed.

What is the address of the property you want to transfer?

Street Address City State ZIP Code

Who are the current owners of the property?

(please include your legal name and marital status)

CAN ALL OF THE PEOPLE WHO ARE TRANSFERRING THE PROPERTY COMMUNICATE IN AND UNDERSTAND SPOKEN ENGLISH?

Yes
No

If not, please describe how we can verify that the propery owner consents to this transfer.

List the names and marital statuses below of the persons who are receiving the property. If divorced, indicate unmarried; if never married, indicate single.

Name	Gender	Marital Status

Please refer to this explanation of Common ways of holding title and decide which one is best for you. Please check the choice that applies:

Joint Tenants
Tenants in Common
No Designation
Community Property (with Right of Survivorship)
Community Property (without Right of Survivorship)

What portion or percentage interest of the property is the current owner transferring to the recipient?

All

After the deed is recorded, what is the name and address of the person that the tax statements should be mailed to?

Same as the property address listed above.

Address

Street Address City State ZIP Code

What is the phone number of any of the individuals receiving the property?

What is the email address of any of the individuals receiving the property?

Is the property the personal residence of any of the individuals receiving the property?

Yes
No

Is this a parent-child transfer?

Yes
No

As of February 16, 2021, transfers between parents and children are now likely to result in reassessment of your property taxes unless certain narrow requirements are met. The property must be BOTH the principal residence of the transferor and transferee. The maximum value exempt from reappraisal is the current taxable value plus $1,000,000 (as annually adjusted). The exclusion is completely eliminated for other real property other than the principal residence. The transferee must file for the homeowners' exemption within 1 year of transfer. The County Assessor may ask for other proof that both transferor and transferee reside in the property. Note that transfers due to the death of the transferor before February 16, 2021 are still subject to the old rules.

If you answered "yes", then will this transfer create a joint tenancy in which the original owner will be one of the joint tenants?

Yes
No

Is this property the transferor's personal residence?

Yes
No

Is this property the transferee's personal residence, or will the transferee move there within one year of this transfer?

Yes
No

Is this transfer due to the death of the transferor that occurred before February 16, 2021?

Yes
No

Have the parent and child transferred other property to each other before this transfer?

Yes
No

Please explain and provide:

Date of the transfer:

Property's Address:

Street Address City State ZIP Code

Assessor's Parcel Number:

Is this deed being recorded for financing purposes, such as to add or remove a co-signer?

Yes
No

Please describe your situation in the space below:

If you are adding a co-signer, the County Assessor may require you to remove that co-signer after the financing is complete in order to avoid reassessment of your property taxes. If you are removing a co-signer, the County Assessor may require you to provide proof that the actual owner solely paid the down payment, all the monthly mortgage payments, and claimed the mortgage interest deduction. Either way, reassessment may not be avoidable, so please contact the County Assessor for more information about this. If you have supporting documentation to provide to the County Assessor, please provide it at the time of signing with a short narrative which explains what you are providing. While we will not comment on the quality of your narrative and the documentation, we will attach your submission to the Preliminary Change of Ownership Report and submit it at the time of recording of the deed. We may charge an additional fee for this, which we will collect at the time of signing.

Is this a transfer between spouses (Inter-spousal) or between domestic partners?

Yes
No

Please indicate below which best describes your relationship:

Grantor and Grantee are/were legally married
Grantor and Grantee are/were domestic partners
Our marriage/partnership has been dissolved

If one spouse is granting his/her interest to the other, do you want to include the following language on the deed:

“It is the express intent of the grantor, being the spouse of the grantee, to convey all right, title and interest of the grantor, community or otherwise, in and to the herein described property to the grantee as grantee's sole and separate property.”

Yes
No

Please check one:

This transfer creates or terminates a spouse's interest in the property.
This transfer changes the way spouses hold title to the property.
This transfer is due to a divorce or legal separation.
This is a transfer to or from a spouse’s trust.
This transfer takes effect upon the death of a spouse.
This transfer distributes a legal entity’s property to a spouse or former spouse in exchange for the interest of such spouse in the legal entity in connection with a property settlement agreement or a decree of dissolution of a marriage or legal separation.

Real Property Transfer Tax Exemption Information: Select any appropriate real property tax exemption(s) that apply to your situation.

Conveyance is a Gift/Given For No Value;
Conveyance is to ONLY confirm a change of current owner's name or to ONLY change the way current owners hold title (such as if one of the current owners gets married or divorced) - the actual ownership and proportions of ownership interest are not changing. DO NOT select this item if a different person is being added or taken away from title;
No exemption.

This transfer is subject to the Documentary Transfer Tax. Do not list any transfer tax exemptions on deed. Indicate the value of the transfer on which to base the Transfer Tax:

NOTE: The transfer of your property may result in capital gains tax implications, the levy of a documentary transfer tax, may trigger a reassessment of your property, gift taxes, the requirement that a gift tax return be filed, 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. In California, filing a Preliminary Change of Ownership Report (PCOR) will be required by your county. Guideway will prepare the PCOR for filing at the time of recordation. An extra recording fee is generally charged by the County Recorder’s office if the PCOR is not filed at the time of recordation of the document. Please consult your Certified Public Accountant, Enrolled Agent, attorney, or other tax professional if you have any question regarding the tax implications of this transfer.

As of January 1, 2018, California is imposing a $75 tax on recording documents relating to real property. There are a few exemptions, including a transfer to an owner-occupied residence. Your Guideway associate can tell you if your document(s) is(are) subject to the tax. Since we must pay the tax at the time of recording, we will be collecting it in addition to our fee.

ACKNOWLEDGEMENT THE CURRENT PROPERTY OWNER MUST BE ONE OF THE SIGNERS BELOW.*

By checking this box, I acknowledge that:
1. The answers to all questions in this on-line workbook were provided by me. I can update or change my answers in person, by telephone, or by email.
2. The person who helped me is not an attorney and Guideway is not a law firm nor does it employ any attorneys. I did not receive any legal advice from Guideway or any of its employees in the selection or preparation of my forms.
3. I have been advised to print a copy of this workbook for my own records prior to sending it to Guideway. I did receive a copy of the Legal Document Assistant Contract for Self-Help Services.
4. I hereby direct Guideway to type and perform certain services outlined in the Contract.
5. I declare that the foregoing information which I have provided is, to the best of my knowledge, true and correct.
6. If you indicate “married” but you are not sharing title with your spouse, the vesting will indicate “Married, as Sole and Separate Property.” However, because of community property laws, you should consider whether your spouse needs to disclaim interest in the property though a separate Interspousal Quitclaim Deed. We can prepare this at an additional cost, if you determine it is needed; just contact us to let us know you need this.

Print Name of current property owner:*

First Last

How do you want to receive your documents? We offer complimentary notarization in our office in Walnut Creek, California. You can also use the services of any notary. Choose one:

I want to come to your office in Walnut Creek, California for complimentary notarization. When my documents are ready, please contact me for a notarization appointment.
I will notarize the documents on my own by going to a notary. Please send me my documents with signing instructions. After I have signed and notarized the documents, I will send them back to your office for recording with the County Recorder.
I am interested in having the notary travel to me. After I have signed and notarized the documents, I will send them back to your office for recording with the County Recorder.

Things to know about notarizing your documents:

If you go to your own notary, the notary will charge you notarization fees. If you have a travelling notary come to you, the notary will also charge you travel fees. Any such fees are between you and the notary you decide to hire, and you will pay the notary directly. The notary does not work for our company.

Whichever way you decide to notarize your documents, all signers must be sure to have a valid ID with them at the time of notarization, otherwise the notary will not be able to notarize them. You cannot use a copy of your ID, or a picture of your ID on your phone. If you are waiting on an ID to arrive from the DMV, you cannot use the temporary driver's license the DMV issued you in the meantime.

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