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Written by Lumr Team
A quitclaim deed is a legal document that allows you to transfer the ownership interest you have in real property to another person or entity in California. You can use Lumr’s printable quitclaim deed template to make yours online.
Where will it be used?
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A quitclaim deed transfers the actual interest you have in California real estate to another person or entity. It generally transfers only the interest you have when the deed is executed.
A quitclaim does not constitute proof that you own the property, nor does it guarantee a clear title.
A valid deed must meet California’s general requirements for transferring real property, which are explained below.
There are several requirements you need to be aware of when making this document:
| Requirement | California Law | Explanation |
|---|---|---|
| 1. Written and signed deed | Cal. Civ. Code §1091 | The deed must be in writing and signed by the grantor. |
| 2. Parties properly identified | Cal. Civ. Code §1091 | Clearly identify the grantor and grantee. |
| 3. Property adequately described | Cal. Civ. Code §1092 | Describe the property well enough to that it can be distinguished from other property. An address is not enough. |
| 4. Granting clause | Cal. Civ. Code §1092 | Use wording that shows the grantor intends to transfer their interest in the property. |
| 5. Delivery and acceptance | Cal. Civ. Code §1054 | The deed must be delivered and accepted. |
| 6. Acknowledgment for recording | Cal. Gov. Code §27287 | The grantor’s execution has to be acknowledged before an authorized officer before recording. |
| 7. Spousal joinder, if applicable | Cal. Fam. Code §1102 | Both spouses generally must join when community real property is conveyed to a third party. |
You can use a quitclaim deed in CA in many different situations, such as:
You can use a quitclaim deed when the property has a mortgage. However, the deed only changes the ownership interest. It can never be used to remove your responsibility to make mortgage payments, or transfer this responsibility to the grantee.
You can easily create a California quitclaim deed with Lumr. Follow the steps below to complete your document and record it in California.
Start by making sure you have the grantee’s full name and address, and the property description from the current deed.
Check whether the property is community property. If it is, your spouse may need to join the transfer.
Enter the required information in our form. Our template guides you every step of the way.
The grantor must always sign the completed deed.
You (the grantor) must sign and acknowledge the deed before a notary public.
You can file the Preliminary Change of Ownership Report with the deed. If you do not, the recorder may charge an additional $20 fee.
Submit the deed to the County Recorder in the county where the property is located. Pay the applicable recording fees and taxes.
You can find the answers to some of the most common questions about creating and using a Quitclaim Deed in California below.
Yes, if you want to record it. The grantor must acknowledge the deed before a notary public or another authorized officer. Simply having someone witness you sign the deed does not replace this acknowledgment.
No. California does not require a separate witness for a quitclaim deed. The grantor’s execution must instead be acknowledged before recording.
No. Recording is not required for the deed to be effective between the parties. However, an unrecorded deed can lose priority to a later good-faith purchaser or mortgagee who gives value and records first.
Sometimes. If both you and your spouse are the owners of the property, both of you generally need to sign when transferring it to someone else.
No. A California quitclaim deed never guarantees a clear title. It transfers whatever interest you actually own at the time of executing the quitclaim deed.
There is no expiration date for quitclaim deeds in California. If you execute the deed correctly and it’s delivered and accepted by the grantee, it can remain effective unless another transfer is made or the original one is revoked through a valid legal process.
Sometimes. A transfer may trigger property-tax reassessment. However, California law usually does not apply this for certain transfers, such as between family members.
Proposition 19 limits some family-transfer exclusions, so the specific type of transfer you want to make matters.
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