California Warranty Deed

Introduction

Key Things to Know

1. 1

   A warranty deed gives the buyer the strongest title protection. California does not codify a common-law warranty deed, and its standard grant deed carries only limited covenants under Civil Code Section 1113, sitting between a full warranty and a quitclaim.

2. 2

   California does not codify a common-law warranty deed. The standard California instrument is the grant deed, and the word grant carries two implied covenants under Civil Code Section 1113: the grantor has not already conveyed the property to another, and the property is free of encumbrances the grantor created.

3. 3

   A California grant deed also passes after-acquired title: if the grantor later obtains title they did not have when they signed, it passes automatically to the grantee (Civil Code Section 1106). A quitclaim deed does not do this.

4. 4

   You record the signed deed with the County Recorder of the county where the property is located (Civil Code Section 1169). California follows a race-notice priority rule, so recording promptly protects you against a later buyer (Civil Code Section 1214).

5. 5

   The grantor's signature must be acknowledged before a notary using the California acknowledgment certificate before the deed can be recorded (Government Code Section 27287; Civil Code Section 1189). California does not require subscribing witnesses for a deed.

6. 6

   California charges a Documentary Transfer Tax of 0.55 dollars for each 500 dollars of value over 100 dollars, and the tax amount and the incorporated or unincorporated location must appear on the face of the deed (Revenue and Taxation Code Sections 11911 and 11932). Cities may add their own transfer tax.

7. 7

   If the property is community property, both spouses must join in signing the deed to sell, convey, or encumber it (Family Code Section 1102(a)). A general warranty deed, which warrants against title defects predating the seller, is a valid choice but is not the standard California form.

California Requirements for Warranty Deed

• Title Guarantee and Covenants

  A warranty deed guarantees clear title and defends the buyer against claims. California does not codify a common-law warranty deed; the standard grant deed carries the two implied covenants of Civil Code Section 1113 (grantor has not already conveyed the estate; it is free of encumbrances the grantor created), limited to the grantor own acts. A general warranty deed warrants against all claims, including those predating the grantor, and remains a valid choice.

• Grant Deed and After-Acquired Title

  California codifies a statutory short-form grant deed in which the operative word is grant (Civil Code Section 1092), and that word triggers the Section 1113 covenants. A grant deed also passes after-acquired title: title the grantor obtains after signing passes automatically to the grantee (Civil Code Section 1106). A quitclaim deed does neither.

• Record with the County Recorder

  Record the signed, notarized deed with the County Recorder of the county in which the real property is situated (Civil Code Section 1169). California follows a race-notice priority rule, so a conveyance recorded first generally prevails over a later one by a good-faith purchaser (Civil Code Section 1214). Record promptly to protect your interest.

• Notary Acknowledgment, No Witnesses

  Before recording, the grantor signature must be acknowledged before a notary using the California acknowledgment certificate (Government Code Section 27287; Civil Code Section 1189). California does not require subscribing witnesses for a deed, so a proper notarial acknowledgment is the recording path.

• Documentary Transfer Tax on the Face

  California authorizes a Documentary Transfer Tax of 0.55 dollars for each 500 dollars of consideration or value above 100 dollars (Revenue and Taxation Code Section 11911). Every taxable deed submitted for recording must show the amount of tax due and the incorporated or unincorporated location of the property on its face (Section 11932). Cities may add their own transfer tax.

• Legal Description and Parties

  Identify the grantor and grantee, state the consideration, and include the full legal description of the property (not just the street address or parcel number). Errors in the legal description or in how the grantee takes title are a common and costly source of later title problems, so confirm both against the current vesting deed.

• Both Spouses Join for Community Property

  California is a community property state. Both spouses must join in executing any instrument that sells, conveys, or encumbers community real property (Family Code Section 1102(a)). One spouse may convey their own separate property alone. Confirm how title is held before signing to avoid a defective transfer.

• General vs Grant Deed: Choosing the Instrument

  Choose the deed to match the protection intended. A general warranty deed warrants title against all claims, including those predating the grantor, and is valid in California though not the codified form. The grant deed gives the Section 1113 covenants for the grantor own acts and is the standard California instrument. A quitclaim gives no covenants. The reason for the transfer usually points to the right one.