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How do I file a quitclaim deed in California?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

1. Quitclaim vs Warranty Deed

A California quitclaim conveys only whatever interest the grantor happens to own, with no warranties of title. A grant deed (California's typical "warranty" deed) implies the grantor has not previously conveyed the property and that no undisclosed encumbrances exist (Cal. Civ. Code § 1113).

2. Common Uses

Interspousal transfers, divorce property settlements, gifts to family members, transfers into revocable living trusts, and clearing clouds on title (removing a former spouse, heir, or mistaken claimant).

3. Execution Formalities

The grantor must sign in front of a California notary (Cal. Civ. Code § 1185). California does not require witnesses. The notarial certificate uses the all-purpose acknowledgment form with the California-specific disclaimer language.

4. Required Contents

Grantor and grantee names with vesting (e.g., "as joint tenants"), full legal description (lot/block or metes-and-bounds — not just the street address), words of conveyance ("does hereby remise, release, and quitclaim"), and a consideration recital (often "$10 and other good and valuable consideration" or "love and affection").

5. Recording

Record at the county recorder's office where the property is located (Cal. Gov. Code § 27279). Fees run roughly $20-$25 for the first page plus $3 per additional page, plus the Building Homes & Jobs Act fee (Gov. Code § 27388.1) on non-exempt transfers. Attach a Preliminary Change of Ownership Report (PCOR).

6. Transfer Tax

Documentary transfer tax is $1.10 per $1,000 of consideration (R&T § 11911); interspousal, parent-child reassessment-exclusion, and trust transfers are typically exempt — claim the exemption on the deed face.

7. Title Insurance Limits

Most California title insurers will not extend coverage based on a bare quitclaim without further underwriting.

8. Pitfalls

A quitclaim does NOT release the grantor from mortgage liability and does not transfer the loan. Due-on-sale may be triggered, though the federal Garn-St. Germain Act (12 U.S.C. § 1701j-3) shields certain intra-family and trust transfers of 1-4 unit residences.

9. Special Local Rules

California-specific: Proposition 19 (2021) sharply restricts the parent-child reassessment exclusion — claim it via BOE-19-P within 3 years.

This is legal information, not legal advice.

When to Talk to a Lawyer
  • Divorce or contested marital property where vesting is disputed
  • Transfer involves Prop 19 parent-child exclusion or trust funding
  • Existing mortgage with due-on-sale risk on a non-exempt transfer
Related Statutes & Laws
  • Cal. Civ. Code § 1092
  • Cal. Civ. Code § 1216
  • Cal. Gov. Code § 27279

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.