Free California Quitclaim Deed Form

To make sure a quitclaim deed is valid in California, it must meet specific state and local rules. These help ensure your property transfer is recorded correctly and won’t be rejected due to errors or formatting issues.

Legal Framework

To be valid, a quitclaim deed in California must be in writing and signed by the person transferring the property (the grantor) under California Civil Code § 1091. The deed must also meet formatting standards for official documents and be recorded appropriately to take effect.

Quitclaim Terminology

California does not have a specific language requirement for a quitclaim deed. However, it’s important to avoid using words like “grant” or “sell”, which could imply a warranty of title. Instead, the deed should clearly state that the grantor is transferring whatever interest they may have in the property.

Recording and Formatting Rules

To be accepted by a county recorder, your California quitclaim deed must follow these statewide recording and formatting rules:

• County of Filing: File the deed in the county where the property is located (California Civil Code § 1169).
• Original Signatures: The deed must include original handwritten signatures (California Government Code § 27201(b)).
• Return Address: Include the name and mailing address of the person requesting the document (California Government Code § 27361.6).
• Legibility: The deed must be clearly legible and suitable for scanning (California Government Code § 27361.7).
• Formatting Limits: Text must not exceed nine lines per inch vertically and 22 characters per inch horizontally, measured over at least three inches in one sentence. A $1-per-page fee applies if these limits are exceeded (California Government Code § 27361(a)(1)).
• Language Requirements: The deed must be in English. If written in a language other than English, you’ll need a certified English translation and a notarized statement from the translator confirming its accuracy (California Government Code § 27293).
• Standard Page Size and Printing: Documents must be on standard 8.5″ × 11″ paper and printed on only one side (California Government Code § 27361.5). Using non-standard sizes or double-sided pages may result in additional fees.

Content Requirements

A California quitclaim deed must include all of the following:

• Grantor and Grantee Names: The full legal names of the person giving up the interest (grantor) and the person receiving it (grantee).

• Date of Execution: The date the deed is signed.

• Legal Property Description: A complete legal description that clearly identifies the property.

• Assessor’s Parcel Number (APN): A unique identifier for the property. You can find this on a tax bill or by contacting the county assessor (California Government Code § 27297.7).

• Granting Clause: A clear statement showing the grantor is transferring their interest in the property (California Civil Code § 1092).

• Grantee’s Mailing Address: Needed for property tax notices and official communication (California Government Code § 27321.5(a)).

• Quitclaim Label: The word “quitclaim” must appear clearly under the top margin of the first page.

• Documentary Transfer Tax (DTT): If tax is owed, include the amount on the deed (California Revenue and Taxation Code § 11935).

• Title Insurance Disclosure: If the grantee plans to purchase title insurance, include the required disclosure statement (California Civil Code § 1057.6).

To legally transfer property in California with a quitclaim deed, you must follow a specific filing process. Here’s a step-by-step guide on how to file your deed correctly so it is accepted and recorded correctly.

Step 1 – Get a Copy of the Current Deed

Start by getting a copy of the current deed for the property. This helps you copy the legal description and confirm ownership information. You can find it through the property owner, on previous closing documents, or by requesting a copy from the County Recorder’s Office. Counties may charge a small fee per page for copies.

Step 2 – Fill Out the California Quitclaim Deed

Complete your quitclaim deed with all the required information:

• Full legal names of both the grantor(s) and grantee(s) 
• The property’s legal description (using lot and block, metes and bounds, or rectangular survey systems)
• The Assessor’s Parcel Number (APN)
• The label “quitclaim” under the top margin of the first page

Step 3 – Sign in Front of a Notary

In California, a grantor must sign the deed in the presence of a notary public for it to be recorded (California Government Code § 27287). Bring a valid photo ID so the notary can verify your identity. California does not require witnesses.

Step 4 – Complete the Preliminary Change of Ownership Report (PCOR)

Most counties require a Preliminary Change of Ownership Report (PCOR) to be filed with the deed. Use Form BOE-502-A, or your county’s local version. The grantee must sign this form.

If you’re transferring multiple parcels, the county may charge a surcharge of $75 (capped at $225) under the Building Homes and Jobs Act (California Government Code § 27388.1).

Step 5 – File the Document at the County Recorder’s Office

Take a completed and notarized quitclaim deed, along with the PCRO, to the County Recorder’s Office in the county where the property is located. You must pay the required recording fees, as well as any applicable taxes that may be due, depending on the type of transfer. Make sure the deed meets all formatting and legibility rules before submitting it to the county recorder’s office to avoid delays.

Step 6 – Provide the Deed to the Grantee

After the deed is recorded, the County Recorder will return the original or certified copy. Give the record to the grantee and keep a copy for your records. Some counties mail the recorded document later, while others provide it immediately.

Review the sample California quitclaim deed form below to see what a completed form typically looks like. When you’re ready, use our guided questionnaire to customize your deed and download it as a PDF or Word file that meets California requirements.

When filing a quitclaim deed in California, you can expect to pay recording fees and possibly taxes, depending on the nature of the transfer. Below is a breakdown of common costs and circumstances when fees or exemptions apply.

Recording Fees

Counties charge a fee to record a deed. The base fee varies by county and depends on the number of pages in the deed. Some counties may also apply an extra fee for printing that exceeds formatting limits (California Government Code § 27361(a)(1)).

When Taxes May Apply

When you transfer property via a quitclaim deed, one or more taxes may be applicable, depending on the parties involved and the value of the property being transferred.

Common Exemptions

Some property transfers are exempt from transfer tax or qualify for tax relief. Common exempt scenarios include:

• Transfers between spouses or domestic partners
• Transfers between parent and child
• Transfer because of a divorce or legal separation
• Certain transfers into a trust or between legal entities

These may also qualify for reassessment exclusion, which helps keep the property tax base unchanged after a transfer. Be sure to contact your county assessor’s office to verify eligibility and to file the correct form. If you qualify for an exemption, make sure to state the reason on the deed or file a transfer tax affidavit (or local equivalent) at the time you record the deed.