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Property ownership can change for many reasons, including a sale, a transfer between family members, a divorce, a transfer into or out of a trust, or the death of an owner. The document used depends on the type of transfer and how ownership is being changed. This guide explains common deed and property transfer documents recorded in Orange County and where to find official recording and property tax information.
A property transfer changes an ownership interest in real property. California property tax rules treat many types of transfers as a change in ownership, including sales, gifts, inheritances, transfers involving trusts, adding or removing an owner, and property settlements. Whether a particular transfer results in reassessment is determined by the county assessor under California law. California Board of Equalization change in ownership information.
Different documents are used for different types of ownership changes. Some of the documents commonly recorded in Orange County include the following.
A quitclaim deed transfers whatever interest the person signing the deed has in the property without making the implied covenants associated with a grant deed. Quitclaim deeds are commonly seen in transfers between family members, spouses, and former spouses.
A grant deed is a commonly used California deed. Under California Civil Code section 1113, the use of the word “grant” carries certain implied covenants unless the deed states otherwise. These include that the grantor has not previously conveyed the same estate to another person and that the property is free from encumbrances made by the grantor, except those disclosed in the deed.
An interspousal transfer deed is used for certain transfers of real property between spouses. These transfers may occur during marriage or as part of a change in ownership following a divorce. Property tax treatment depends on the circumstances of the transfer and applicable California exclusions.
A trust transfer deed may be used when real property is transferred into or out of a trust. The deed changes the way title is held, while the property tax consequences depend on the specific transfer and applicable change-in-ownership rules.
A correction or corrective deed may be used when a previously recorded deed needs an appropriate correction. The method used depends on what needs to be corrected and the circumstances surrounding the recorded document.
An Affidavit of Death of Joint Tenant is a recordable document used after the death of a joint tenant to document the death and update the public record concerning the surviving joint tenant's ownership. It is not itself a deed, but it is part of the broader group of documents used to update real property ownership records.
Parent-to-child transfers have additional California property tax rules under Proposition 19. The reassessment exclusion is now limited to qualifying family homes and family farms and has specific occupancy, value, and filing requirements. Read our Parent-to-Child Property Transfers in Orange County guide for a detailed explanation of the current rules.
A Preliminary Change of Ownership Report, commonly called a PCOR, provides information about a real property transfer to the county assessor. The California Board of Equalization explains that a PCOR is ordinarily filed when a deed or other transfer document is recorded. Orange County instructs that a completed PCOR be submitted when recording documents affecting a change in ownership of real property.
Official information is available from the California Board of Equalization and the Orange County Clerk-Recorder.
Documents affecting real property in Orange County are recorded with the Orange County Clerk-Recorder. The Clerk-Recorder states that documents must be recorded in the county where the property is located and provides requirements for over-the-counter and mail-in recording. Recording requirements can vary depending on the document being submitted.
Current recording information can be found on the Orange County Clerk-Recorder Property Documents page.
Recording places the document in the county's official public record. The Orange County Assessor separately reviews recorded deeds and other information to determine whether a change in ownership has occurred for property tax purposes and whether the property should be reassessed. Recording a deed does not by itself determine whether a property tax exclusion applies.
No. California law provides exclusions for certain transfers. The Orange County Assessor reviews the transfer to determine whether a change in ownership or an exclusion applies.
No. A deed is a document used to transfer an interest in real property. A PCOR provides information about the transfer to the county assessor and is commonly submitted with a deed or other document affecting a change in ownership.
The Orange County Clerk-Recorder publishes its current property document recording requirements online. Requirements should be checked before a document is submitted because fees and recording procedures can change.
No. It is a recordable document used to document the death of a joint tenant and update the ownership record for the surviving joint tenant.
LDA Legal Solutions prepares deeds and related property transfer documents in Orange County, including quitclaim deeds, grant deeds, trust transfer deeds, interspousal transfer deeds, correction deeds, and Affidavits of Death of Joint Tenant. Our deed preparation service can also include notarization, recording, and applicable change-of-ownership documents.
Learn more about our Deed Preparation Services in Orange County.
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