California Quitclaim Deed

When is a Quitclaim Deed used?

Use a Quitclaim Deed when: you transfer your home to your Living Trust (most common transfer), add your spouse to title after marriage, remove an ex-spouse's name from title after divorce, transfer property between parents and children as gift, transfer your share of family property to a sibling, add or remove a co-owner. NOT used to sell property to a stranger (use Grant Deed for that, with title warranties). The Quitclaim transfers WITHOUT guaranteeing the title is free of problems — that is why it is only used between people who trust each other.

What is included?

• ✓Official California Quitclaim Deed format
• ✓Legal property description (APN, lot, tract)
• ✓"Grantor" and "Grantee" identification
• ✓Transfer without warranties clause
• ✓Notarization block
• ✓Preliminary Change of Ownership Report (PCOR)
• ✓County Recorder filing instructions

California requirements

For a Quitclaim Deed to be effective in California, it must: (1) be signed by the Grantor before a notary public (without notary, it is not recordable), (2) be recorded with the County Recorder where the property is located (cost: $20-$25 plus transfer taxes), (3) include a Preliminary Change of Ownership Report (PCOR) or the Assessor will charge a penalty. Transfers between spouses, between parents-children, and to a Living Trust are EXEMPT from transfer tax and property reassessment (Proposition 19 changed some exemptions — verify). If you do not record the document, the transfer is effective between the parties but NOT against third parties.

How to prepare a valid California Quitclaim Deed

1. 1. Identify the Grantor (who transfers)EXACT legal name as appears on current property title. If married and married in CA (community property), BOTH spouses must sign.
2. 2. Identify the Grantee (who receives)Full legal name + marital status ("a married person" / "a single person"). If going to Trust, EXACT name of Trust + date Trust was created + trustee name.
3. 3. Describe property with "legal description"Address is NOT enough. You need full legal description from current Grant Deed or Trust Deed: "Lot 5, Block 12 of Tract 4321, recorded in Book X, Page Y, of County Records". Find it in your prior title.
4. 4. Indicate APN (Assessor Parcel Number)Unique county number for property. Find on your property tax bill. Without APN, County Recorder may reject.
5. 5. Specify "consideration" (value received)Quitclaim to family can be for "love and affection". Quitclaim to outside buyer, dollar value. Use fair price to avoid IRS issues (gift tax if fair value >$17k 2026).
6. 6. Sign before California notaryGrantor(s) signs IN FRONT of notary. Without notarization, County Recorder rejects recording. If Grantor is outside CA, find mobile notary or consulate.
7. 7. Record at County RecorderIN THE counties where property is located. Cost: $15-25 + transfer tax (if applicable, $1.10 per $1,000 of value in LA County). Without recording, the deed is enforceable but not opposable to third parties.

Common Quitclaim Deed mistakes

• ⚠Confusing Quitclaim Deed with Grant DeedQuitclaim transfers WITHOUT warranty — no promise of clean title. Grant Deed promises Grantor has not encumbered property. For sale to outside buyer, USE Grant Deed. Quitclaim is for family, divorce, Trust.
• ⚠Forgetting to record at countyWithout recording, the deed is valid between parties but NOT against third parties. If Grantor sells to another later, the second buyer may be the legitimate owner.
• ⚠Quitclaim to Trust without funding the TrustThe #1 DIY Trust mistake. Creating the Trust is not enough — you must transfer the house with Quitclaim Deed TO the Trust. Without this, the house goes through probate at death.
• ⚠Not considering property tax reassessmentCalifornia Prop 13 protects base assessment. Quitclaim between spouses or parents to children: exempt if filed Form BOE-58 within 3 years. Quitclaim between strangers or to irrevocable Trust: REASSESSMENT to current market value = property tax goes up.
• ⚠Quitclaim between spouses in divorce without divorce agreementIf you sign Quitclaim to your ex before final divorce, you gift your 50% community property. Use only AFTER having signed Settlement Agreement or divorce finalized.

Frequently Asked Questions

Other documents in this category

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• Simple WillBasic distribution of your assets.View details →
• Pour-Over WillEssential complement to your Trust.View details →
• Certification of TrustProves Trust existence without revealing all.View details →
• Small Estate AffidavitInherit without probate (under $208,850).View details →

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