Anaheim, CA asked in Divorce for California

Q: Can someone PLEASE explain this in English term? Thank you

Establishing separate property of a spouse If this instrument establishes the real estate as one spouse’s separate property, such as a spouse signing a quitclaim deed to the property. “This conveyance establishes sole and separate property of a spouse. R&T 11911” OR “It is the express intent of the Grantor, being spouse of 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 his/her sole and separate property. R&T 11911”

Related Topics:
1 Lawyer Answer
Joseph Franklin Klatt
Joseph Franklin Klatt
Answered
  • La Jolla, CA
  • Licensed in California

A: This looks like a conveyance, part of a deed, between a married couple. California is a community property state, and property acquired marriage belongs to the community, basically the marital unit, both spouses. This is one spouse deeding their half to the other spouse as just their own separate property.

The R&T 11911 is a reference to the revenue and tax code. I will leave it to a local tax professional to explain this, but in California how you transfer property can have significant tax consequences and has to be done right, and should be done with the advice of a local tax professional. Don't get that type of advice online.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.