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A quitclaim deed is one of the documents used to transfer an interest in real property in California. It is commonly seen in transfers between family members, spouses, and former spouses.
Understanding what a quitclaim deed actually transfers is important because it works differently from a grant deed and does not include the same implied covenants about title.
A quitclaim deed transfers whatever interest the person signing the deed, called the grantor, has in the property to another person, called the grantee.
If the grantor owns the entire interest being transferred, that interest can pass through the quitclaim deed. If the grantor owns only a partial interest, only that interest is transferred. If the grantor has no ownership interest to transfer, the quitclaim deed does not create one.
Unlike a grant deed, a quitclaim deed does not include the implied covenants associated with a California grant deed. The document transfers the grantor's existing interest without making those same promises concerning title.
Quitclaim deeds are commonly seen in property transfers involving:
These transfers are often different from a typical sale between unrelated buyers and sellers.
The appropriate document depends on the circumstances of the transfer. A quitclaim deed does not determine whether a transfer will result in property tax reassessment or qualify for a particular exclusion.
A quitclaim deed presented for recording generally includes the grantor's notarized acknowledgment.
The notary verifies the identity of the person acknowledging the document. The notarization does not determine whether the grantor owns the property or whether the transfer itself is appropriate.
The grantee generally does not sign the quitclaim deed itself.
A quitclaim deed prepared for recording generally identifies the grantor and grantee, the property being transferred, and the legal description of the property.
California recording requirements also include information such as the name and address where future property tax statements should be mailed.
The legal description is particularly important because it identifies the real property affected by the deed. A street address alone is not a substitute for the property's legal description.
Not necessarily.
Recording a quitclaim deed and determining whether a transfer results in reassessment are separate issues. The Orange County Assessor reviews the circumstances surrounding a transfer to determine how California property tax rules apply.
Some transfers may qualify for an exclusion from reassessment when the applicable requirements are satisfied.
For example, certain transfers between spouses are excluded from change in ownership, while qualifying parent-to-child transfers are governed by Proposition 19.
After the quitclaim deed has been completed, signed, and properly acknowledged, it can be submitted to the Orange County Clerk-Recorder for recording.
A deed affecting property located in Orange County is recorded with the Orange County Clerk-Recorder. Documents presented for recording must meet applicable recording requirements, including requirements concerning legibility and return information.
Depending on the transfer, a Preliminary Change of Ownership Report (PCOR) may also accompany the deed when it is submitted for recording.
Once accepted and recorded, the deed becomes part of the county's official public record.
Recording places the deed in the public record. The recorded document is then returned according to the return information provided with the recording.
The Orange County Assessor separately reviews change-of-ownership information for property tax purposes. Depending on the transfer, additional forms or information may be requested by the Assessor.
Recording a deed therefore does not, by itself, determine whether the property will be reassessed.
No. Both can transfer an interest in real property, but they operate differently. A California grant deed carries statutory implied covenants that a quitclaim deed does not.
Yes. A quitclaim deed transfers the interest described in the document. A person who owns only a partial interest cannot transfer more ownership than that person actually holds.
No. Changing ownership through a quitclaim deed does not, by itself, remove a borrower from a mortgage or change the obligations under a loan.
A deed affecting property located in Orange County is recorded with the Orange County Clerk-Recorder.
LDA Legal Solutions provides quitclaim deed preparation in Orange County as part of our property deed preparation services.
Our deed preparation service can include preparation of the deed, applicable change-of-ownership documents, notarization, and submission for recording with the Orange County Clerk-Recorder.
For a broader explanation of deeds, recording, PCORs, and other property transfer documents, visit our Deeds and Property Transfers in Orange County guide.
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