Asked 3 months ago - Van Nuys, CAFlag
Is this as simple as signing a quit claim deed?
If you want an antenuptial agreement to be worth the paper it is written on both you and your wife need separate counsel and the agreement needs to be drafted by an attorney for one of you and approved by the attorney for the other. No, it is not as simple as preparation of a Quitclaim Deed although that, or more appropriately an Interspousal Transfer Deed, may be the mechanism for transferring legal title.
A quitclaim deed will transfer title under real estate law. It may have serious other tax and banking consequences you should consider. A consultation with a commercial or real property attoreny and/or CPA would benefit you.
As a matter of family law, you may be contemplating the change from community to separate property. A transmutation agreement prepared by a family law attorney would benefit you.
Yes, a married couple can supersede the community property laws of a state by agreement and by deed. To know whether a quitclaim will be sufficient (as it is in my state) a consultation with an experienced family law or estate planning attorney would be prudent. That attorney should start with the objective(s) you are expecting to satisfy with this transfer and assess whether it will cause unexpected and unwelcome consequences.
Best wishes for a favorable outcome, and please remember to designate a best answer.
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