A California quit claim deed is a document uniquely suited to transfer property when there’s no need for a grantor’s guarantee of a clean property title or warranty of their rightful ownership. The transferee (grantee) assumes all risk should title issues appear, such as prior easements or liens against the property. Because of its lack of warranty covenants, the quit claim deed is used in low-risk circumstances, such as fixing title defects (i.e., typos), adding/removing a name on a title (after marriage or divorce), or gifting real estate to a family member.
It should be noted that unless exempt, a documentary transfer tax declaration must be provided on the deed. This tax rate varies throughout California and should be verified before recording the deed.
- Statutes: Chapter 2. Transfer of Real Property
- 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): No more than $10 for the first page and every additional page will be less than $3, plus a $75 surcharge if a transfer tax is paid.
- Megan’s Law (CIV § 2079.10a): Information regarding local registered sex offenders database must be provided in sales of real property dwellings of four (4) units or less.
- Natural Hazard Disclosure Statement (CIV § 1103(-1103.4)): Sellers must provide a statement to potential buyers if the dwelling is located in a location deemed to be at risk for hazards and natural disasters.
- Preliminary Change of Ownership Report (§ 480): This must be filed at the time of recording if property ownership changes.
- Property Disclosure Statement (CIV § 1102 et. seq.): This document provides important information about a real property’s defects and features and must be given to potential homeowners by sellers of residential property.
- Water-Conserving Plumbing Fixtures and Carbon Monoxide Detector Notice (CIV § 1101.4 and HSC § 13260(-13263) + 17926): Sellers use this notice to inform buyers of the property’s compliance with state laws regarding carbon monoxide detectors and water-conserving plumbing.
- Water Heater and Smoke Detector Statement of Compliance (HSC § 19211 and HSC § 13113.8): Certain regulations regarding water heaters and smoke detectors are required by state law; this statement confirms a property’s compliance with these laws to home buyers.