A California deed is a document used to legally transfer property from one party to another. California recognizes several classes of deed forms that may be used in various scenarios, providing the grantee (property buyer) with varying degrees of protection against encumbrances. The deed type selected will depend primarily on the nature of the grantor and grantee’s relationship.
Each deed must be notarized and formatted to the state’s specifications in order to be considered valid by the County Recorder’s Office; therefore they should be carefully reviewed by all parties before their execution.
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Types (5)
Deed of Trust – This deed is used when a third party provides a borrower financing for a property and the property’s title is transferred to a trustee until the lender is repaid.
General Warranty Deed – A deed where the conveyance is made with the assurances that there are no liens or encumbrances on the property and that the grantor holds the clear title of the property.
Grant Deed – A property transfer instrument wherein the grantor assures there are no issues with the property title during their ownership but makes no guarantees of any issues prior owners may have had.
Quit Claim Deed – A grantor transfers whatever interest they have in the property to a grantee without guaranteeing valid ownership or a clean title.
Download: PDF
Transfer on Death Deed – This allows a property owner to name a beneficiary to which the property in question will be transferred when they die.
Laws & Requirements
- Statutes: Chapter 2. Transfer of Real Property
- Preliminary Change of Ownership Report: In accordance with § 480, transferees of real estate must file this document with any deed that changes a property’s ownership.
- Formatting: § 27361.5, § 27361.6 & § 27361.7
- Signing Requirements (Cal. Civ. Code § 1189): Notary Public
- Where to record (§ 1169): County Recorder’s Office
- Recording fees (§ 27361): Fees may not exceed $10 for the first page and $3 for every additional page.