How do I file a quitclaim deed in California?
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.
- 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
- 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.