California Quitclaim Deed

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This California Quitclaim Deed complies with California's legal requirements and allows owners to transfer their housing ownership to others.

Document Last Modified: 5/9/2023

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California quit claim deeds are governed primarily by Cal. Civ. Code, §§ 1092, 1104-1107, 1113. 1113.

From the use of the word "grant" in any conveyance by which an estate of inheritance or fee simple is to be passed, the following covenants, and none other, on the part of the grantor for himself and his heirs to the grantee, his heirs, and assigns, are implied, unless restrained by express terms contained in such conveyance:
1. That previous to the time of the execution of such conveyance, the grantor has not conveyed the same estate, or any right, title, or interest therein, to any person other than the grantee;
2. That such estate is at the time of the execution of such conveyance free from incumbrances done, made, or suffered by the grantor, or any person claiming under him.

***Such covenants may be sued upon in the same manner as if they had been expressly inserted in the conveyance.

A quitclaim deed is exactly what it sounds like: it is the act of "quitting any claim" that a real estate owner has on a piece of property. They should not be used by inexperienced homeowners or landlords.

Quitclaim deeds have a reputation for being "quick and dirty", as they generally don't require any title work or the usual safeguards in place to protect the recipient in a real estate transaction. For example, if Bob is selling his house to Sue, normally Sue would want to make sure that there are no liens against the property, or clouds on the title, or any other encumbrance or deed restrictions. A title company would research the title history and property deed, to make sure the buyer is protected, before continuing with the transaction.

Quitclaim deeds offer no such protections, they can simply be recorded in the court and the property ownership changes hands. So while they are not appropriate for everyday real estate transfers, quitclaim deeds can be extremely useful in certain situations.

In a family inheritance situation, for example, a quitclaim deed may be useful for transferring partial ownership interests from one sibling to another. Or, consider a landlord who purchased a rental property in her personal name, but decides for asset protection reasons to transfer ownership to her LLC.

Generally speaking, quitclaim deeds are useful when both the granter and grantee know and trust each other, and an informal - but legal - transfer of ownership is desired.

Our California Quitclaim Deed conforms to California's legal requirements for deed recordation, and can provide a fast and relatively easy way of transferring ownership interest from person to another, or into a legal entity such as an LLC.

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