California Warranty Deed
A warranty deed guarantees clear title and defends the buyer against claims. California mainly uses the grant deed, recorded with the County Recorder. Attorney review available.
Introduction
California does not codify a common-law warranty deed, so a seller's full guarantee to defend the title against all claims must be written expressly; its everyday grant deed instead carries only the word grant's limited covenants against the grantor's own acts (Civil Code Section 1113). That title guarantee is what separates it from a quitclaim deed, which promises nothing and only passes whatever interest the seller happens to have. A general warranty deed protects against every title defect, including ones that arose before the seller owned the property; a special or limited warranty deed covers only problems created during the seller's own ownership. California is important to understand here, because California does not codify a common-law warranty deed. The everyday California instrument is the grant deed, whose single operative word grant carries two implied covenants under Civil Code Section 1113: that the grantor has not already conveyed the property to someone else, and that the property is free of encumbrances the grantor created. Those covenants are limited to the grantor's own acts, so a California grant deed sits between a full general warranty deed and a quitclaim. You record the signed, notarized deed with the County Recorder of the county where the property sits (Civil Code Section 1169). DocDraft builds your California deed from your facts, with attorney review available before you record.
Key Things to Know
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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.
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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.
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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.
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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).
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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.
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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.
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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.
Key decisions before you file
Before you file a Warranty Deed in California, a few decisions shape the document: which option to choose and what each one means. The Warranty Deed guide walks through them.
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California Requirements for Warranty Deed
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.
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 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.
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.
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.
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.
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.
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.
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Check my Warranty DeedFrequently Asked Questions
A warranty deed guarantees the seller holds clear title and will defend the buyer against claims to the property. A quitclaim deed makes no promises at all; it passes only whatever interest the seller actually has. In California the everyday deed is the grant deed, which sits in between: under Civil Code Section 1113 the word grant implies that the grantor has not already conveyed the property and that it is free of encumbrances the grantor created, but those covenants cover only the grantor's own acts.
A true general warranty deed guarantees clear title against all claims, including defects that arose before the seller owned the property, and promises to defend the buyer. California does not codify that form. A California grant deed instead carries the two implied covenants of Civil Code Section 1113, that the grantor has not already conveyed the estate and that it is free of encumbrances the grantor made, and it passes after-acquired title under Section 1106. Those covenants are limited to the grantor's own conduct.
California primarily uses the grant deed. Civil Code Section 1092 sets out a statutory short form in which the operative word is grant, and that word triggers the implied covenants of Section 1113. A general warranty deed is a valid and enforceable choice in California, but it is not the codified statutory form, so most residential and refinance transfers here use a grant deed rather than a warranty deed.
You record the signed, notarized deed with the County Recorder of the county where the property is located (Civil Code Section 1169). The grantor's signature must be acknowledged before a notary first (Government Code Section 27287; Civil Code Section 1189). California follows a race-notice priority rule, so a deed that is recorded first generally defeats a later one, which is why you should record promptly (Civil Code Section 1214).
California does not require an attorney to prepare or record a deed; an individual may prepare their own grant or warranty deed and record it. Because a deed transfers title and a mistake in the legal description, the covenants, or the vesting can be expensive to fix, many people have the deed reviewed before recording. DocDraft prepares your California deed from your facts, with attorney review available as an option before you record.
It must be notarized. Before a California deed can be recorded, the grantor's signature has to 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 what allows the County Recorder to record it.
Usually yes when the property is sold. California authorizes a Documentary Transfer Tax of 0.55 dollars for each 500 dollars of consideration or value above 100 dollars, and the deed must show the tax due and the incorporated or unincorporated location on its face (Revenue and Taxation Code Sections 11911 and 11932). Cities may levy their own additional transfer tax. Gifts, transfers on death, and divisions of marital property can be exempt with the proper recital.
For community property, yes. Family Code Section 1102(a) requires both spouses to join in executing any instrument that sells, conveys, or encumbers community real property. If the property is one spouse's separate property, that spouse can convey it alone. Because California is a community property state, confirming how title is held before you sign avoids a defective transfer.