California Quitclaim Deed Requirements

Quitclaim deeds in California are commonly used for transferring property between family members, adding or removing a spouse, altering the status of jointly owned property, and transferring real property into a living trust.

Unlike other California deeds, quitclaim deeds only convey whatever property interest the seller holds at the time of signing, with no guarantee of ownership interest.

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