California interspousal transfer deed

An interspousal transfer deed moves real property between spouses or registered domestic partners. It's the instrument couples use to add or remove a spouse from title, and it comes with two valuable exemptions.

Updated June 20262 min readPrepared by a California LDA
CaliforniaINTERSPOUSAL
Spouse Spouse Property NO TRANSFER TAX NO REASSESSMENT
Transfers between spouses skip both transfer tax and reassessment.

California treats transfers between spouses differently from other transfers, and the interspousal transfer deed is built around that special treatment. It's used to move a property interest from one spouse to the other — or to change how the couple holds the property — cleanly and with two important tax advantages.

When couples use it

California gives transfers between spouses two breaks at once: no transfer tax, and no reassessment.

Why the interspousal deed is worth using

Two exemptions make this deed attractive. First, transfers between spouses are exempt from documentary transfer tax under Revenue & Taxation Code §11927 — no transfer tax is owed. Second, an interspousal transfer is excluded from property-tax reassessment, so moving a home between spouses won't reset its assessed value or raise the property tax bill. Notably, California's Proposition 19 narrowed the parent-child and senior transfer rules, but it did not change the interspousal exclusion — transfers between spouses remain protected.

Requirements

The deed identifies both spouses, recites the interspousal relationship and the exemption being claimed, includes the legal description and vesting, and is signed before a notary. It's recorded with the county along with a PCOR. Because the transfer-tax exemption and the reassessment exclusion both depend on the right language being on the deed, getting the wording correct matters.

Interspousal deed vs. quitclaim in a divorce

In divorces, people sometimes use a quitclaim deed instead. Both can move the interest, but the interspousal transfer deed is specifically framed for the spousal relationship and the exemptions that go with it. Which one fits a given situation is a decision for the parties (and, where needed, their attorney) — we prepare the deed you direct and don't give legal advice.

How SimpleDeeds prepares your interspousal transfer deed

Give us the names and the property address. We research the legal description and vesting, prepare the interspousal transfer deed with the correct exemption language and county forms, and record it after notarization — flat $295.

$295 flat · all in

Have us prepare and record it for you.

One flat price from a registered California Legal Document Assistant. Give us a name and a property address — we handle the research, the forms, and the recording.

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FAQ

Does an interspousal transfer deed avoid property tax reassessment? +
Yes. Transfers between spouses are excluded from reassessment under California law, so the property's assessed value isn't reset. Proposition 19 did not change this exclusion.
Is an interspousal transfer deed exempt from transfer tax? +
Yes. Under Revenue & Taxation Code §11927, transfers between spouses are exempt from documentary transfer tax, with the exemption stated on the deed.
Can I use an interspousal transfer deed in a divorce? +
It's commonly used to transfer one spouse's interest to the other in a divorce. Whether it or a quitclaim deed fits your settlement is your decision; we prepare the deed you direct.
Does this remove my ex-spouse from the mortgage? +
No. The deed changes title only. The loan stays in place until it's refinanced or paid off.