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A California quitclaim deed is a legal document used to transfer a piece of real estate from one person to the next. These documents are generally used for expeditious property transfers between family members, as quitclaim deeds provide no guarantee that a property title is clear and free of any encumbrances.
The purpose of a quitclaim deed is to ensure that once a property is transferred, the previous owner cannot claim any interest on the property at a later date.
Whether a quitclaim deed is used for property transfers between family members or strangers, a title search should be done on the property to ensure there are no serious encumbrances.
If you are looking to transfer property with warranties that protect the new owner, you should instead look at a grant deed, which is similar to a warranty deed in other states.
Below are the following laws and requirements for filing a quitclaim deed in the state of California.
Quit Claim Deeds in California require an Assessor Parcel Number (known as an APN), which must be included in the legal description of the quitclaim deed. In addition, the state of California requires that a Preliminary Change of Ownership Report (BOE-502-A) be filed along with the quitclaim deed at the County Recorder’s Office where the property is located. You must obtain that Preliminary Change of Ownership Form from your county because each county has its own specialized form.
California requires that the grantor sign the quitclaim deed with a Notary Public. Furthermore, the Documentary Transfer Tax must be declared on the document.
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To write a California quitclaim deed form, you will need to provide the following information:
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Once you have a signed and notarized quitclaim deed, you should bring the original to the office of your County Recorder's Office for recording.
You must also bring your Preliminary Change of Ownership Report.
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