A California quitclaim deed form allows a property owner (the grantor or seller) to transfer ownership or interest in a property to another party (the grantee or buyer) without doing a title search or other discovery or providing a warranty.
In California, quitclaim deeds are often used to transfer property between family members, add or remove a spouse, or change the status of a jointly owned property.
Use a quitclaim deed when the sole purpose is to pass ownership with no required guarantee about the owner’s right to transfer.
For instance, a quitclaim deed will not assure the buyer that the owner has title or the right to transfer all their interest, free and clear of any liens or claims. Instead, a buyer should use a warranty deed to obtain that assurance.
California quitclaim deeds are sometimes called “quit claims deeds,” “quick claim deeds,” or “non-warranty deeds,” but all these terms refer to the same document.
California Quitclaim Deed Laws and Requirements
Laws about California quitclaim deed forms are covered in California Civil Code §§ 1091 – 1099. There are a few requirements specific to California.
Laws
California laws require that any property transfer must be in writing. The document cannot be scanned or photocopied, and all signatures must be in blue ink to prove the original document.
Legal Description
The legal description must include the complete description of the transferred parcel, including the Assessor Parcel Number (APN). The APN can be located on the prior deed or by contacting the County Assessor’s Office. California quitclaim law presumes that the entire parcel is transferred unless the deed states otherwise.
Signing
Per California Government Code § 27287, the grantor (seller) must sign the deed and the signature must be notarized by a notary public.
Transfer Tax
Per California Revenue and Taxation Code §§ 11911-11913, counties or cities charge a documentary transfer tax on any document indicating the real estate transfer. The seller typically pays the transfer tax in California; however, who pays the transfer tax is negotiable and some buyers do pay or the tax is split between the seller and buyer.
In certain situations, a seller is exempt from paying transfer tax so the buyer must pay it. There are also instances where a transfer tax is exempt including:
- Gifts
- Bequests or inheritances
- Transfers between spouses where no money is exchanged
- Transfers in divorce or legal separation
- Transfers in business reorganization
- Writings to secure a debt
All California counties charge the same state transfer tax rate of .11%. However, each city may charge an additional transfer tax on this standard county percentage.
Some cities also base their transfer tax rate on the value of the property being transferred, such as San Francisco, Oakland, and Santa Monica (for example, the San Francisco transfer tax rate for properties valued from $1 million to $5 million is .75% whereas the city transfer tax rate for properties valued from $5 million to $10 million is 2.25%).
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%
Acknowledgments
California quitclaim deeds must be notarized. The grantor (seller) must sign in the presence of the notary. The deed doesn’t need to be witnessed.
Terminology
California has no specific language requirements for a quitclaim deed. However, quitclaim deeds do not provide any guarantees of warranty.
Use words like “quit claim” rather than “grant” or “sell” when creating your quitclaim deed. The term “grant” implies a warranty of title.
Additional Documents
A Preliminary Change of Ownership Report form (Form BOE-502-A), specific to the county where the property is located, must be filed along with the deed.
Form BOE-502-A must be signed by the grantee (buyer). In addition, some counties may require a Documentary of Transfer Tax (also known as Transfer Tax Affidavit) or a Notice of Exempt Transaction.
You can obtain the forms from the county where the property is located.
Recording
Consider having an attorney review the documents before sending them to the county recorder’s office. Deeds must conform to the State of California’s and the applicable county’s requirements before they can be recorded.
Once signed, all California quitclaim deed forms are filed with the County Recorder’s Office in the county where the property is located, along with the correct transfer tax amount.
How to Write & File a Quitclaim Deed in California
Follow the steps below to write and file a quitclaim deed in California.
Step 1 – Obtain Quitclaim Deed Form
Download the California quitclaim deed form and the appropriate county-specific form, BOE-502-A.
Step 2 – Fill in Preparer’s Information
Enter the name and the mailing address of the person who is filling out the document, as well as the name and mailing address of the person who will receive the completed deed and other statements.
Step 3 – Write Assessor’s Parcel Number
Provide the property’s Assessor’s Parcel Number, which you can get from the assessor’s office in the property’s county.
Step 4 – Enter Grantor’s Details
Write the grantor’s (current owner) name and address in the appropriate blanks. After “hereby quitclaims to,” write the grantee’s (new owner) name and address.
Step 5 – Fill in Legal Description
Write the county and city of the property, followed by the property’s legal description. This is the land description usually found on the property’s current deed.
Step 6 – Note Transfer Tax Amount
Provide the transfer tax amount and/or city tax amount, if applicable. If no money will be paid for the transfer, then there is likely no transfer tax. If the transfer is exempt from transfer tax, provide the reason for the exemption.
Step 7 – Enter BOE-502-A Details
Fill in the details on BOE-502-A and have it signed by the grantee (buyer). The quitclaim deed in California is fairly simple because BOE-502-A contains most of the details.
Step 8 – Get Quitclaim Deed Notarized
Take the completed quitclaim deed to a notary public and have the grantor (seller) sign in the presence of a notary. The grantee is not required to sign.
Step 9 – File Your California Quitclaim Deed
Take all of the paperwork to the County Recorder’s Office in the county where the property is located. If any, the transfer tax amount will be paid to the County Recorder’s Office when the deed is recorded.
California Quitclaim Deed Sample
Below, you can find what a California quitclaim deed typically looks like: