I have been divorced for eight years and recently found out that the deed to my sole and separate property house (as decreed in the divorce) is under my name as a married woman. We had done an inter-spousal transfer deed before the divorce was final. The property is located in California. Can I do a Grant Deed from myself to myself an unmarried woman? Or would a Quit Claim Deed be a better choice? Will I be excluded under prop 13 for a reappraisal? Thank -you for your time.

It appears to me that the deed was correct when it was executed. You were married at that time.

I assume you are referring to this portion of Proposition 13:

"... (g) For purposes of subdivision (a), the terms "purchased" and
"change in ownership" do not include the purchase or transfer of real
property between spouses since March 1, 1975, including, but not
limited to, all of the following:
(1) Transfers to a trustee for the beneficial use of a spouse, or
the surviving spouse of a deceased transferor, or by a trustee of
such a trust to the spouse of the trustor.
(2) Transfers to a spouse that take effect upon the death of a
spouse.
(3) Transfers to a spouse or former spouse in connection with a
property settlement agreement or decree of dissolution of a marriage
or legal separation. ..."

http://www.leginfo.ca.gov/.const/.article_13A It doesn't appear that a corrective deed such as you have in mind would be exempt from the exception for transfers.

Why do you think you need to change your deed to show that, now, you are no longer married?

Quote:

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Originally Posted by AK lawyer

Why do you think you need to change your deed to show that, now, you are no longer married?

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That's my question. Why do you think it matters? What matters is WHO a property is titled to. Not what that person's marital status might have been when the deed was recorded.

You don't need to change the marital status on your deed. However if/when you sell or finance the property you will have to provide a copy of your divorce decree.

This was brought to my attention during a recent meeting concerning a refinance to lower interest rate. I will provide them with divorce decree and won’t worry about this any longer thanks so much!