Interspousal transfer deed in California

[Lancelotlance217]

What is the name of your state? CALIFORNIA

My husband and I are US citizens. We live in Turkey (also Turkish citizens). We decided to get a divorce. My husband is going to transfer half of the house we own in california to me (meaning I will own the house) while I ll give him half of the house we own in Turkey (he will be the sole owner of the house in Turkey). Those transfers are all going to be stated in our divorce contract in Turkey. Divorce will happen in a Turkish court. The house in the U.S. has a $90K remaning debt which will be paid from the rent of the house for the next 2 years. But my husband will be required to pay it off in 2 years and we are placing a lien on his house in Turkey for the $90K debt. Can I transfer the house in the U.S. to me by filling out the interspousal tranfer deed with my husband and getting a notary approval from the US consulate in Turkey? Is this a simple process that can be handled without a lawyer? What would be the expenses for this transfer including taxes and other expenses? Where can I find the forms required for the transfer?

 

[FlyingRon]

You'd be well advised to contact a real estate attorney in California. Yes the documents likely can be signed in Turkey, but you'll still need someone to file the properly and pay the fees. Technically, a California deed doesn't need notarization to be valid, but it couldn't hurt.

Transfers in California to "establish separate property of a spouse" is exempt from the transfer tax (at least at the state level, some of the cities and counties have their own rules, but most that I know of like LA follow the state exemptions). You would be well advised to have that mentioned in the deed to make it clear the transfer is exempt. Again, this is why you would want a lawyer to handle this.