Transferring property between spouses in Washington, DC is a common step during estate planning, refinancing, or after marriage or divorce. Below are answers to some frequently asked questions about how a spousal transfer works in the District of Columbia.
What is a spousal transfer?
A spousal transfer occurs when one spouse conveys their ownership interest in a property to the other spouse, or when both spouses change how the property is titled (for example, from sole ownership to tenancy by the entirety).
Are transfer taxes due on a spousal transfer in DC?
No. Washington, DC generally exempts transfers between spouses from recordation and transfer taxes. This includes transfers made in connection with marriage, divorce, or estate planning.
What documents are needed?
Typically, you will need a deed, a spousal exemption affidavit, the DC FP-7/C form and sometimes supporting documentation such as a marriage certificate or divorce decree. The deed must comply with DC Recorder of Deeds requirements to be accepted for recording.
Do both spouses need to sign the deed?
Yes, both parties will need to sign, even if the transfer is one-directional. It is a requirement of the documents that need to be submitted for recording, but it also helps avoid disputes between the parties in the future.
Should I use an attorney for a spousal transfer?
Yes. Even though spousal transfers may seem straightforward, they involve specific legal and recording requirements. Gentile Property Law Office, LLC has extensive experience preparing and recording deeds in the District of Columbia. Working with our office ensures that your transfer is completed correctly, that you qualify for the spousal exemption, and that your title remains clear for future transactions.
Disclaimer: This post is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney–client relationship with Gentile Property Law Office, LLC.
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