California Quitclaim Deed

Introduction

Key Things to Know

1. 1

   A quitclaim deed transfers only the interest you actually have. It passes whatever ownership you hold in the property to the grantee and makes no promise that the title is clear, or even that you own anything. A warranty deed, by contrast, guarantees the title, which is why a quitclaim is used mainly between people who trust each other.

2. 2

   Record it with the County Recorder. Under Cal. Civ. Code Section 1169 a California deed is recorded by the County Recorder of the county where the property is located. Recording is what protects the grantee against a later buyer under the state's race-notice priority rule (Cal. Civ. Code Section 1214).

3. 3

   You must sign before a notary. To be recorded, a California quitclaim deed must be acknowledged (notarized). Cal. Gov. Code Section 27287 requires acknowledgment and, since 2012, specifically does not let a quitclaim deed be proven by a subscribing witness instead.

4. 4

   No witnesses are required. California does not require witnesses to sign a deed. Notarization is the operative formality, and for a quitclaim deed it is the only accepted way to make the deed recordable.

5. 5

   Show the Documentary Transfer Tax on the deed. California counties charge a Documentary Transfer Tax of $0.55 per $500 of value above $100 (Cal. Rev. & Tax. Code Section 11911). Section 11932 requires the tax amount and the property's city or unincorporated location to appear on the face of the deed, and some cities add their own tax.

6. 6

   There is no California quitclaim form to fill in. The state codifies a statutory grant deed at Cal. Civ. Code Section 1092 but no quitclaim-specific form. A quitclaim uses release and quitclaim words instead of grant, so the implied covenants that come from the word grant under Cal. Civ. Code Section 1113 never attach.

7. 7

   Both spouses must sign to convey community property. California is a community-property state, and Cal. Fam. Code Section 1102 requires both spouses to join in selling, conveying, or encumbering community real estate, even if only one spouse is on title. Common quitclaim uses include divorce transfers and moving a home into a living trust.

California Requirements for Quitclaim Deed

• Sign Before a Notary Public

  To record a California quitclaim deed you must acknowledge it before a notary public. Cal. Gov. Code Section 27287 requires acknowledgment and does not allow a quitclaim deed to be proven by a subscribing witness, so notarization is the only way to make the deed recordable.

• No Witnesses Are Required

  California does not require witnesses to sign a deed. Under Cal. Civ. Code Section 1091 the deed must be a writing subscribed by the grantor, and notarial acknowledgment, not witnesses, is what allows it to be recorded.

• Record With the County Recorder

  Record the signed, notarized deed with the County Recorder of the county where the property is located (Cal. Civ. Code Section 1169). Recording protects the grantee against a later buyer under California's race-notice priority rule (Cal. Civ. Code Section 1214).

• Show the Documentary Transfer Tax on the Deed

  California counties impose a Documentary Transfer Tax of $0.55 per $500 of value above $100 (Cal. Rev. & Tax. Code Section 11911). Section 11932 requires the tax amount and the property's city or unincorporated location to appear on the face of the deed, and some cities add their own tax.

• Transfer Tax Exemptions for Gifts and Divorce

  Some transfers are exempt from the Documentary Transfer Tax. A gift or a transfer at death is exempt under Rev. & Tax. Code Section 11930, and a division of marital property in a divorce is exempt under Section 11927 if the deed includes the required signed recital claiming the exemption.

• There Is No California Quitclaim Form to Fill In

  California codifies a statutory grant deed at Cal. Civ. Code Section 1092 but no quitclaim-specific form. A quitclaim deed uses remise-and-release language instead of the word grant, so the covenants implied by Section 1113 from the word grant do not attach and the deed carries no warranty of title.

• Both Spouses Must Sign Community Property

  California is a community-property state. Cal. Fam. Code Section 1102 requires both spouses to join in selling, conveying, or encumbering community real property, even when only one spouse holds title. A quitclaim of community property signed by one spouse alone may be voidable.

• Include a Preliminary Change of Ownership Report

  File a Preliminary Change of Ownership Report with the deed. Cal. Rev. & Tax. Code Section 480.3 lets the recorder charge an extra $20 fee if the report is not filed with the deed. The deed must also meet the recording format rules in Gov. Code Section 27361.6, including the reserved top margin on the first page.