A California quitclaim deed allows a property owner (the grantor or seller) to transfer ownership or interest in a property to another party (the grantee or buyer) without the need for a title search, other discovery, or providing a warranty. In California, quitclaim deeds are often used to transfer property between family members, add or remove a spouse, change the status of a jointly owned property, or transfer real property into a living trust.
How to File
Filing a quitclaim deed in California involves gathering the right documents, completing key forms, and recording everything with the proper county office. Following each step carefully helps ensure a smooth and valid property transfer.
Step 1: Obtain the Deed
Before proceeding with the quitclaim deed filing process, it’s essential to have the original deed to the property. If you’re not the current owner, request a copy of the deed from the current owner. Ensure the document is in your possession before moving forward.
Step 2: Visit the County Recorder or Clerk
If you don’t have access to the deed, visit the County Recorder or Clerk’s office to obtain a copy. Expect to pay a fee for each page, which varies depending on the county. Typically, fees range from $1 to $12 for the first page and $1 to $3 for each additional page. Check with your county’s office for specific fee details.
Locate the appropriate County Recorder’s office by referring to this list.
Step 3: Identify the Legal Description of the Property
A legal description is crucial in real estate conveyance and legal disputes. A proper legal description, one that identifies and locates the property, is required for deeds to be valid (Cal. Civ. Code § 1092).
In California, legal descriptions are typically created using three distinct systems:
- Rectangular Survey System
- Metes and Bounds System
- Lot and Block System.
Each approach comes with its unique set of criteria, tailored to suit the particular location and characteristics of the property in question.
Step 4: Consider Legal Assistance
If you’re unsure about the quitclaim deed process or need legal advice, consider seeking assistance from a qualified attorney. They can provide guidance and ensure the deed is completed correctly. Use resources like the State Bar of California’s Lawyer Referral Service or www.lawhelpca.org to find legal assistance if needed.
Step 5: Complete the Quitclaim Form
Provide all required information, including the Assessor’s Parcel Number, document transfer tax, names of grantors and grantees, and the legal description of the property. Double-check for accuracy before proceeding.
Visit your County Recorder or Clerk’s office to obtain the necessary forms for filing a quitclaim deed.
Step 6: Sign in Front of a Notary
Once the form is completed, sign it in the presence of a notary public. Notaries can usually be found at courthouses, large banks, or the County Recorder or Clerk’s office. Ensure you bring sufficient personal identification, such as a valid driver’s license or passport, for verification purposes.
Step 7: File a Preliminary Change of Ownership Report (PCOR)
The Preliminary Change of Ownership Report (PCOR), Form BOE-502-A, is an essential document that facilitates the seamless transfer of property ownership and ensures accurate tax records. When a property changes hands, it’s imperative to submit the PCOR, signed by the grantee (buyer), along with the deed to the County Recorder’s Office.
Each county may have its own unique version of the PCOR, so it’s advisable to reach out to the Recorder’s office in the specific county where the property is located to obtain the appropriate form.
Step 8: File the Forms
Take both the completed quitclaim deed form and the PCOR to the County Recorder or Clerk’s office for filing. Expect to pay a recording fee, which varies by county. Recording fees typically range from $6 to $21 for the first page and $3 for each additional page.
You may also be required to cover the cost of the Documentary Transfer Tax, along with a $75 fee for the “Building Homes and Jobs Act.”
Step 9: Provide the Deed to the Grantee
Once the forms are filed, provide the recorded original deed to the grantee (buyer). Depending on the county, you may receive the recorded original immediately or via mail at a later date. Keep a copy of the deed for your records and store it securely in a home safe or safety deposit box.
Costs and Fees
Understanding the fees and taxes tied to filing a quitclaim deed in California can help you plan ahead and avoid unexpected costs during the property transfer process.
Filing Fees
In California, filing a quitclaim deed involves two types of fees:
- County Base Filing Fees: These fees start at $10 for the first page and $3 for each additional page. The total cost varies by county. (Cal. Gov. Code § 27361)
- Building Homes and Jobs Act Recording Fee: This fee is $75 per transaction per real property parcel, capped at $225. (Cal. Gov. Code § 27388.1) So, if multiple parcels are transferred in one quitclaim deed, the maximum fee is $225. But if separate deeds are used to transfer multiple parcels, the fee is $75 multiplied by the number of parcels.
Taxes
Using a quitclaim deed in California may trigger several taxes:
1. Documentary Transfer Tax (DTT)
Per Cal. Rev. & Tax. Code §§ 11911-11913, counties or cities charge a documentary transfer tax for any document that indicates a real estate transfer.
Who Pays the Transfer Tax?
- Typically, the seller covers the transfer tax in California.
- Negotiations may lead to the buyer paying or a shared payment arrangement between the parties.
Exemptions to Transfer Tax (Cal. Rev. & Tax. Code §§ 11921-11930):
- Gifts
- Bequests or inheritances
- Transfers between spouses without monetary exchange
- Transfers during divorce or legal separation
- Transfers in business reorganizations
- Deeds as collateral for debt
Tax Rates
- State transfer tax rate: 0.11% (applies to all California counties).
- Cities may impose additional transfer taxes.
- Some cities, e.g., San Francisco, Oakland, and Santa Monica, use property value tiers for tax rates (e.g., San Francisco charges 0.75% for properties valued at $1 million to $5 million and 2.25% for those valued at $5 million to $10 million).
| City | Additional City Transfer Tax | Total Transfer Tax |
|---|---|---|
| Alameda | 1.2% | 1.31% |
| Albany | 1.5% | 1.61% |
| Berkeley | 1.5% (properties valued $1.6 million or less) 2.5% (properties valued more than $1.6 million) | 1.61% (properties valued $1.6 million or less) 2.61% (properties valued more than $1.6 million) |
| Emeryville | 1.2% | 1.31% |
| Hayward | .85% | .96% |
| Oakland | 1% (properties valued less than $300,000) 1.5% (properties valued $300,000 up to $2 million) 1.75% (properties valued $2 million up to $5 million) 2.5% (properties valued more than $5 million) | 1.11% (properties valued less than $300,000) 1.61% (properties valued $300,000 up to $2 million) 1.86% (properties valued $2 million up to $5 million) 2.61% (properties valued more than $5 million) |
| Piedmont | 1.3% | 1.41% |
| San Leandro | 1.1% | 1.21% |
| El Cerrito | 1.2% | 1.31% |
| Richmond | 0.7% (properties valued less than $1 million) 1.25% (properties valued $1 million up to $3 million) 2.5% (properties valued $3 million up to $10 million) 3.0% (properties valued more than $10 million) | .81% (properties valued less than $1 million) 1.36% (properties valued $1 million up to $3 million) 2.61% (properties valued $3 million up to $10 million) 3.11% (properties valued more than $10 million) |
| Culver City | 0.45% properties valued (less than $1.5 million) 1.5% (properties valued $1.5 million to $3 million) 3.0% (properties valued $3 million to $10 million) 4.0% (properties valued more than $10 million) | 0.56% (properties valued less than $1.5 million) 1.61% (properties valued $1.5 million to $3 million) 3.11% (properties valued $3 million to $10 million) 4.11% (properties valued more than $10 million) |
| Los Angeles | .45% | .56% |
| Pomona | .22% | .33% |
| Redondo Beach | .22% | .33% |
| Santa Monica | 0.3% (properties valued less than $5 million) 0.6% (properties valued $5 million or more) | 0.41% (properties valued less than $5 million) 0.71% (properties valued $5 million or more) |
| San Raphael | .2% | .31% |
| Riverside | .11% | .22% |
| Sacramento | .275% | .385% |
| San Francisco | 0.5% (properties valued $100 to $250,000) 0.68% ($250,000 to $1 million) 0.75% (properties valued $1 million to $5 million) 2.25% (properties valued $5 million to $10 million) 5.50% (properties valued $10 million to $25 million) 6.00% (properties valued more than $25 million) | 0.61% (properties valued $100 to $250,000) 0.79% (properties valued $250,000 to $1 million) 0.86% (properties valued $1 million to $5 million) 2.36% (properties valued $5 million to $10 million) 5.61% (properties valued $10 million to $25 million) 6.11% (properties valued more than $25 million) |
| San Mateo | .5% | .61% |
| Mountain View | .33% | .44% |
| Palo Alto | .33% | .44% |
| San Jose | 0% (properties valued less than $2 million) 0.75% (properties valued $2 million to $5 million) 1.0% (properties valued $5 million to $10 million) 1.5% (properties valued more than $10 million) | 0.11% (properties valued less than $2 million) 0.86% (properties valued $2 million to $5 million) 1.11% (properties valued $5 million to $10 million) 1.61% (properties valued more than $10 million) |
| Vallejo | .33% | .44% |
| Petaluma | .2% | .31% |
| Santa Rosa | .2% | .31% |
2. U.S. Gift Tax (Form 709)
California doesn’t impose state gift taxes, but a federal gift tax (Form 709) may apply.
- A gift tax applies when property changes hands without money exchange.
- The giver must file Form 709.
- Exceptions exist, like transferring deeds to trusts or between spouses.
3. Capital Gains Tax
Both the state and federal governments may impose capital gains taxes on property transfers through quitclaim deeds.
California Quitclaim Deed Requirements
California has specific rules for quitclaim deeds to ensure property transfers are accurate and legally valid. Meeting these requirements helps avoid recording issues and keeps your transfer process on track.
Legal Framework
Cal. Civ. Code §§ 1091-1099 generally covers laws concerning California quitclaim deed forms.
Legal Description
- The deed must contain a complete legal description of the parcel, including the Assessor Parcel Number (APN) (Cal. Gov. Code § 27297.7)
- The APN is located on the tax bill, prior deed, or by contacting the County Assessor.
- The entire parcel is presumed to be transferred unless stated otherwise.
Signing
- Per Cal. Gov. Code § 27287, the grantor (seller) must sign the deed.
- The signature must be notarized by a notary public and no witnesses are needed.
Terminology
- No specific language requirements for a quitclaim deed.
- Use “quit claim” instead of “grant” or “sell” to avoid implying a warranty of title (since quitclaim deeds do not provide any guarantees of warranty).
Additional Documents
- In addition to the deed, a Preliminary Change of Ownership Report form (Form BOE-502-A) signed by the grantee (buyer) must be filed in the property’s county.
- Some counties may require a Documentary of Transfer Tax or Notice of Exempt Transaction.
Filing
- Consider having an attorney review the documents before sending them to the County Recorder’s office to make sure they conform to the State of California’s and the applicable county’s requirements.
- Once signed, all forms are filed with the County Recorder’s Office in the county where the property is located, along with the correct transfer tax amount.
Validity Requirements
All California deeds, including quitclaim deeds, must have a proper title, an accurate legal description of the property with its APN, and specify the type of co-ownership if there are multiple transferees. Additionally, there are other requirements to consider:
- Property Location: The property specified in the deed must be located within the same county where it will be filed. (Cal.Civ. Code § 1169)
- Original Signatures: Signatures on the deed must be original. (Cal. Gov. Code § 27201(b))
- Contact Information: Include the requesting recording party’s name and a complete address for document return purposes. (Cal. Gov. Code § 27361.6)
- Legible Notary Seal: Ensure the notary seal is clear and legible for microfilm reproduction.
- Preliminary Change of Ownership Report (Form BOE-502-A): Include a completed Preliminary Change of Ownership Report from both the County Assessor’s Office and the County Clerk-Recorder’s Office when recording documents that impact property ownership.
- Legibility Standards: Documents should be clearly legible to ensure readable photographic records. (Cal. Gov. Code § 27361.7)
- Formatting Requirements: Adhere to specific page size and margin requirements as specified by the County Recorder’s Office. Generally, text should be no more than 9 lines per inch vertically and 22 characters per inch horizontally, spanning at least 3 inches in a single sentence. (Cal. Gov. Code § 27361(a)(1))
- Printing: Only one side of the page should be printed. (Cal. Gov. Code § 27361.5)
Content Requirements
Content requirements for quitclaim deeds in California must adhere to specific guidelines to ensure legality and accuracy. These requirements include:
- Grantor’s Name: The individual or entity transferring their interest in the property.
- Grantee’s Name: The individual or entity receiving the interest in the property.
- Date of Execution: The date when the quitclaim deed is signed.
- Address and Legal Description of the Property: Detailed information identifying the location and boundaries of the property being transferred.
- Granting Clause: A clear statement indicating the Grantor’s intent to transfer their interest in the property. (Cal. Civ. Code § 1092)
- Recipient’s Name and Address: Information for the Grantee to receive the new deed and future tax statements. (Cal. Gov. Code § 27321.5.(a))
- Title “Quitclaim” Noted: This title must be prominently displayed below the top margin to indicate the type of deed being executed.
- Language Requirement: The quitclaim deed must be in English. If not, it must be translated, verified, and certified. Additionally, a notarized declaration from the translator confirming accuracy is necessary. (Cal. Gov. Code § 27293)
- Documentary Transfer Tax (DTT): The amount due for the transfer of property ownership. (Cal. Rev. & Tax. Code §§ 11901 – 11935)
- Assessor’s Parcel Number (APN): This unique identifier for the property is obtainable from the County Assessor’s Office. (Cal. Gov. Code § 27297.7)
- Title Insurance Disclosure: Any relevant disclosures regarding title insurance must be included as per legal requirements. (Cal. Civ. Code § 1057.6)
Quitclaim Deeds vs. Other Property Transfer Methods in California
| Quitclaim Deed | Transfers property without any guarantees about its title. If the person transferring the property doesn't actually own it, the recipient won't gain any rights. Also, the recipient can't sue for title issues since this deed offers no warranty. |
| Grant Deed | The most common deed in California real estate. It provides a partial warranty of title, meaning the current owner promises that they haven't transferred the property to anyone else and that it's free of certain claims. |
| Warranty Deed | Less commonly used in California. Ensures a clear title, covering any title issues regardless of when they arose. Unlike a quitclaim deed, which shifts all risk to the new owner, a warranty deed holds the current owner accountable for title problems. |
| Title Insurance | Recipients of property through a California quitclaim can mitigate financial exposure by purchasing title insurance, which guards against undisclosed title issues, with the insurer charging an initial premium. |
| Estate Planning Deeds | Life estate and transfer-on-death (TOD) deeds are popular for California estate planning, bypassing probate to reduce costs and maintain privacy. TOD deeds are revocable, granting full property rights to the owner while alive. Life estate deeds mandate the remainder beneficiary's approval for complete title transfer. |
| Co-ownership | Property owners can also avoid probate by adding someone to the deed during their lifetime, using forms of co-ownership that include a right of survivorship. This means if the original owner passes away, the property automatically transfers to the other person on the deed. |
Sample California Quitclaim Deed
Preview a California quitclaim deed sample below. You can easily personalize it in our document editor and download it in PDF or Word format.
Frequently Asked Questions
How long does it typically take to record a quitclaim deed?
The time it takes to record a quitclaim deed in California can vary significantly depending on various factors, including the specific processes, procedures, and the population of each county. To provide a general idea, for instance, Orange County typically takes approximately two to three weeks to complete the recording of a deed.
Is there a specific expiration date for quitclaim deeds?
Quitclaim deeds in California do not have a predefined expiration date. However, it’s essential to be aware of the statute of limitations when dealing with such deeds, which is 4 years in California. This means that anyone wishing to dispute the validity of the deed has a maximum of 4 years to do so from the date it was recorded.
How to correct a typo on a California quitclaim deed?
- Ensure compliance with recording requirements.
- Reference the recorder identification number or book and page of the original document being modified, as per Cal. Gov. Code § 27361.6.
- Complete a corrective statement, identify the error, and clearly reference the original document on the first or cover page.
- Choose one of the following methods:
- Re-record the original deed with corrections made directly on it, along with re-signing and re-acknowledging.
- Submit a cover sheet detailing changes along with re-signing and re-acknowledging.
- Issue a Correction Deed meeting all deed recording requirements.
- File an Affidavit of Minor Corrections for minor errors, covering specific types of typos as outlined in Cal. Gov. Code §§ 27201, 27280.5, 27288.1, 27361.6, 27361.7 and Cal. Rev. & Tax. Code § 11932.
Quitclaim or interspousal transfer deed: which one is better during a divorce in California?
When getting a divorce in California and transferring property between spouses, it’s better to use an Interspousal Transfer Deed than a Quitclaim Deed.
The Interspousal Transfer Deed doesn’t trigger a reassessment of the property’s value for tax purposes. This means you won’t face higher property taxes just because you’re transferring the property to your spouse during the divorce. It’s especially useful if your home’s value has gone up a lot over the years, and you can avoid unexpected tax increases.
