What is a California Quitclaim Deed?
A California Quitclaim Deed is a real property transfer instrument governed by California Civil Code Section 1092. It transfers whatever legal title or interest the grantor holds in real estate at the moment of execution to the grantee.
In California, quitclaim deeds contain no warranties of title, no covenant against encumbrances, and do not convey after-acquired title (if the grantor acquires title after signing, that title does not transfer). For this reason, they are reserved for non-sale transfers, inter-family gifts, or living trust funding.
Common Use Cases in California:
- Interspousal Transfers: Transmutation of separate property into community property, or relinquishing interest during a marital dissolution.
- Funding a Revocable Living Trust: Transferring primary residences into family living trusts to avoid costly California statutory probate fees under Cal. Prob. Code § 10810.
- Clearing Cloud on Title: Releasing boundary claims, easement ambiguities, or heirship interests.
- Adding an Adult Child to Title: Transferring partial interest for estate planning purposes (subject to Proposition 19 tax reassessment rules).
"A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document."
Legal & Statutory Requirements
To ensure this document is legally enforceable and accepted by administrative or judicial authorities, comply with these key statutory rules:
- Grantor Execution & Acknowledgment (Cal. Gov. Code § 27280): Must be executed by the grantor before a licensed California notary public utilizing the mandatory statutory acknowledgment box.
- Preliminary Change of Ownership Report (PCOR): California Revenue and Taxation Code § 480.3 mandates that every deed presented for recording must be accompanied by a completed PCOR (Form BOE-502-A). If omitted, the County Recorder charges an additional $20 fee.
- Documentary Transfer Tax (DTT): Under Cal. Rev. & Tax. Code § 11911, counties charge $1.10 per $1,000 of consideration (plus city transfer taxes where applicable). If exempt (such as a gift or spousal transfer), the specific statutory exemption code must appear on the face of the deed.
- Assessor's Parcel Number (APN): Must explicitly include the county APN and tax statement return address.
Step-by-Step Preparation & Filing Guide
Obtain Legal Description & APN
Check your prior grant deed or county assessor records to copy the full legal description and Assessor Parcel Number.
Complete Form BOE-502-A (PCOR)
Fill out the state-mandated Preliminary Change of Ownership Report to explain the transfer reason and claim property tax reassessment exclusions (e.g., spousal or trust transfer).
Notarize with Mandatory California Notice
Sign the deed before a California Notary Public. The certificate must contain the California statutory bordered disclaimer.
Record at the County Recorder's Office
File the deed and PCOR with the County Recorder in the county where the property is located. Pay the base recording fee and transfer taxes.
Standard California Quitclaim Deed Preview
Review the standard format below. You can copy the template or use official packages directly for guaranteed acceptance.
QUITCLAIM DEED
RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO:
Name: [Grantee Name]
Address: [Grantee Mailing Address]
APN: [Assessor's Parcel Number] | SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX: $ ________ [ ] Computed on full value, OR [ ] Exempt: Rev & Tax Code § ________
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, [GRANTOR NAME] hereby RELEASES AND FOREVER QUITCLAIMS to [GRANTEE NAME], the following described real property in the City of [City], County of [County], State of California:
[INSERT COMPLETE LEGAL DESCRIPTION AS PER RECORDED PLAT BOOK AND PAGE OR METES AND BOUNDS]
Dated: ____________________, 20__
[Grantor Signature]
[Grantor Printed Name]
STATE OF CALIFORNIA, COUNTY OF _______________
On ____________________ before me, ________________________________, Notary Public, personally appeared ________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument.
Notary Public, State of California
My Commission Expires: ____________________
Free Word Document (.DOCX) & PDF Downloads
Whether you need to edit this document in Microsoft Word, Google Docs, or print a blank PDF to fill out with pen and ink, we provide both standard file formats at no charge:
1. California Quitclaim Deed Word Document (.docx)
The California Quitclaim Deed Word document (.docx) is completely unlocked and customizable. You can type in names, paste complex legal terms or property descriptions directly, and format required signature blocks. Fully compatible with Microsoft Word 2016+, Office 365, LibreOffice, and Google Docs.
2. California Quitclaim Deed PDF Form (.pdf)
The California Quitclaim Deed PDF download is pre-scaled to standard Letter paper (8.5" x 11") with 1-inch margins required by recording offices and judicial clerks. It includes all necessary statutory notices and signature blocks formatted to guarantee filing compliance.
Frequently Asked Questions
What happens if I don't file a PCOR in California?
Does a California quitclaim deed trigger property tax reassessment?
Can I use a California quitclaim deed to sell a house to a third party?
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