Free California Quitclaim Deed

Should You Use a Warranty Deed (aka Grant Deed) Instead?

Due to the risky nature of quitclaim deeds, they’re used less often than warranty deeds (also known as “grant deeds” in California). With a warranty deed, you can be certain that the grantor making the property transfer:

• actually owns the property
• is legally liable and can be sued if there are issues with the property, like an old lien

If you’re dealing with a property transfer in California, remember that a quitclaim deed has no guarantees. In fact, they’re commonly used in scams — unscrupulous “grantors” can sell you a California property they don’t own, apparently “transferred” with a falsified quitclaim deed.

Free Template Download

To download this blank and fillable California quitclaim deed into MS Word or Google Docs, simply hover your mouse over the document and press the button. To save time, we recommend using our free California quitclaim deed builder.

Sample PDF

Take a look at this California quitclaim deed sample PDF to get an idea of how a finished form appears — whether you’re from San Diego, Los Angeles County, or anywhere else across the Golden State.

2. How to Fill Out a California Quitclaim Deed Form

Our online builder will quickly take you step-by-step through the process of filling out your California quitclaim deed.

You can also download and print our fillable quitclaim deed form for California residents.

It’s important to include all the necessary information when filling out a quitclaim deed on your own.

Otherwise, you’ll lengthen the transfer process.

To fill out your quitclaim deed, follow these steps:

1. Document the Grantor — List the name and address of the current owner(s) of the property.
2. Designate the Grantee — List the name and address of the new owner(s) of the property.
3. Acquire the Assessor Parcel Number — In California, a quitclaim deed requires documentation of the property’s Assessor Parcel Number (APN). This fourteen-digit code can usually be found on your property tax bill or by contacting your California county’s assessor office.
4. Note the Legal Description of the property — A legal description of the property can usually be found on the property’s deed. This is more thorough than a basic mailing address, and will convey the specific parameters of the property.
5. List any exceptions to the legal description — Exceptions to the legal description may include any easements, covenants, and restrictions of record.
6. Log the transfer tax — The California Documentary Transfer Tax Act lets counties impose a tax rate of fifty-five cents per five hundred dollars for which the property is valued, or amount paid as consideration for the transfer.
7. Notarize the deed — A notary public must be present at the time the Grantor signs a California quitclaim deed.

How to File a Quitclaim Deed in California

You’ll need to complete a couple quick steps before filing your California quitclaim deed:

• Fill out Form BOE-502-A — This form, known as a Preliminary Change of Ownership, is required for all changes in ownership and must be presented to a California county recorder.
• Submit your property transfer documentation — After you’ve successfully filled out your quitclaim deed and Form BOE-502-A, it’s time to submit your property transfer documentation to the county recorder’s office. You can easily find the location of your local recorder’s office on the California State Board of Equalization website.

California Quitclaim Deed Costs

Note that filing costs may be associated with recording your property transfer.

For example, the San Francisco Assessor-Recorder’s Office charges a base fee of $75.00 (up to a maximum $225.00 per transaction) for each APN being filed for recording. An additional $14.00 for the first document page, plus another $3.00 for each extra page, will also be required.

If you present a quitclaim deed to the county recorder without the proper forms, you may be charged an additional recording fee of around $20.00.

3. Tax Implications of a Quitclaim Deed in California

There are two main tax implications for quitclaim deeds in California:

• Back taxes – All unpaid federal, state, or local taxes still owed on the property must be paid in full before any transfer takes place.
• Transfer tax – Any transfer that involved a monetary consideration (payment made to acquire the property) will likely be subject to the California Documentary Transfer Tax.

What if I want to waive payment for the property?

If both parties agree to waive any payment for the property, then the recipient must pay a gift tax. However, gift taxes don’t apply to any property transfer that’s placed into a living trust or transferred between spouses.

Gifts that are significantly valuable, such as real property, should be formally recorded with a gift affidavit to clearly state and protect the intentions of the gift giver.

Are there other tax exemptions for a quitclaim deed in California?

There are numerous tax exemptions for property transferred using a quitclaim deed, such as for inherited property or property transferred from a parent to a child.

Be sure to check with the California State Board of Equalization or your county assessor to see if you qualify.

4. Who’s Responsible for the Mortgage with a Quitclaim Deed?

In California, the grantor is still responsible for paying the mortgage if the property is transferred with a quitclaim deed. While the grantor and the grantee can use other methods to outline who will pay the mortgage, the quitclaim deed is unrelated to the issue.